Australian Capital Territory Current Acts Australian Capital Territory Current ActsIn this schedule:
"equine" means a horse, donkey, mule or hinny.
"equine activity" means any of the following:
(a) an equine show, fair, competition, performance or parade that involves 1 or more equines and 1 or more equine disciplines;
(b) equine teaching or training activities;
(c) agisting or boarding equines;
(d) riding, inspecting or evaluating an equine belonging to someone else, whether or not the owner—
(i) receives any reward for use of the equine; or
(ii) is permitting a prospective buyer to ride, inspect or evaluate the equine;
(e) a ride, trip, hunt or other activity (however informal or impromptu) that is sponsored by an equine activity sponsor;
(f) placing or replacing horseshoes on an equine.
Examples for par (a)
1 dressage
2 3-day events
3 performance riding
4 polo
5 showjumping
6 steeplechasing
"equine activity sponsor" means—
(a) an entity that (whether or not it operates for profit) sponsors, organises or provides a facility for an equine activity; or
(b) an operator, instructor or promoter of an equine facility.
Examples for par (a)
1 pony clubs
2 riding clubs or schools
3 equestrian centres
4 school-sponsored classes
"equine facility" includes an equestrian centre, riding school, stable, clubhouse, fair or arena where an equine activity is held.
"equine professional" means a person engaged for reward in—
(a) instructing a participant or renting an equine to a participant to—
(i) ride or be a passenger on the equine; or
(ii) drive the equine; or
(b) renting equipment or tack to a participant.
"inherent risks of equine activities" means the dangers or conditions that are an integral part of equine activities, including, for example—
(a) the propensity of an equine to behave in ways that may result in injury, harm or death to people on or around them; and
(b) the unpredictability of an equine's reactions including to sounds, sudden movement and unfamiliar objects, people or animals; and
(c) hazards such as surface and subsurface conditions; and
(d) collisions with other equines or objects; and
(e) the potential of a participant to act negligently that may contribute to injury to the participant or others.
Examples for par (e)
1 failing to maintain control over an equine
2 not acting within the participant's ability
"participant" means a person who participates in an equine activity (whether or not a fee is paid for the participation).
"participate "in an equine activity—
(a) means—
(i) ride or be a passenger on an equine; or
(ii) drive or train an equine, whether mounted or unmounted; or
(iii) assist in medical treatment of an equine, whether mounted or unmounted; or
(iv) assist a participant or show management; but
(b) does not include be a spectator at an equine activity (unless the spectator is in an unauthorised area and in immediate proximity to the equine activity).
This schedule does not prevent or limit the liability of an equine activity sponsor, an equine professional or anyone else in relation to—
(a) activities engaged in as part of the horseracing industry; or
(b) an action for breach of the Competition and Consumer Act 2010
(Cwlth) or the Australian Consumer Law (ACT)
; or
(c) a claim under the Workers Compensation Act 1951
.
3.3 Limitation on liability for injury or death of participant
(1) An equine activity sponsor, an equine professional or anyone else is not liable for personal injury to a participant resulting from the inherent risks of equine activities.
(2) However, this section does not prevent or limit the liability of a person (the "defendant") if—
(a) the injury was caused by faulty equipment or tack and the defendant—
(i) provided the equipment or tack; and
(ii) knew or ought reasonably to have known that the equipment or tack was faulty; or
(b) the defendant provided the equine and failed to make reasonable and prudent efforts to assess, based on the participant's representations, the participant's ability to—
(i) engage safely in the equine activity; and
(ii) safely manage the particular equine; or
(c) the injury was caused by a dangerous latent condition of the land or facility used for the equine activity and—
(i) the defendant owned, leased or was otherwise in lawful possession of the land or facility; and
(ii) the defendant knew, or ought reasonably to have known, of the dangerous latent condition; and
(iii) a sign warning about the dangerous latent condition had not been conspicuously displayed on the land or at the facility; or
(d) the defendant acted, or omitted to act, in a way that showed intentional or reckless disregard for the safety of the participant and the act or omission caused the injury; or
(e) the defendant intentionally injured the participant.
(3) Also, this section does not prevent or limit an equine professional's liability to a participant in relation to an equine facility if, before the injury happened, the equine professional had not complied with clause 4 in relation to the facility.
(1) An equine professional must ensure that a warning notice is displayed—
(a) on or near an equine facility that is owned, managed or controlled by the equine professional; and
(b) so that it can be clearly seen by participants before participating in equine activities at the facility.
(2) The warning notice must be to the following effect:
WARNING
Under the Civil Law (Wrongs) Act 2002 , an equine professional is not liable for injury to, or the death of, a participant in an equine activity that results from an inherent risk of the activity. This is subject to limitations set out in the Act.
(3) The warning notice must be in black letters with each letter at least 2cm high.
(4) The warning notice must also be included in clearly visible print in each written contract the equine professional enters into for the provision of professional services, instruction or rental of equipment or tack to a participant.