“Current proposals to address the issue of public liability have been broadly welcomed by Local Government and should now be considered during the next meeting of the Council of Australian Governments,” said Councillor John Ross, President of the Australian Local Government Association. “In the context of addressing spiralling public liability insurance premiums, the issue of non feasance, otherwise known as the ‘Highway Rule’ is high on the agenda.
“The excessive costs of public liability premiums are crippling communities, with many local sporting, social and cultural groups reconsidering their ongoing viability. Local Government broadly supports the suggestion of a national compensation scheme thereby containing the cost of premiums. Similarly, national arrangements should limit vexatious and frivolous claims.
“However, Local Government is concerned to ensure that the common law rights of individuals are appropriately tempered, but not extinguished, by any legislative protection for businesses, Councils and similar organisations. Local Councils comprise individuals and families within the community. We believe it is important for them to have access to just compensation.”
He said that appropriate standards of behaviour and actions should be determined thereby protecting the rights of citizens. This determination of standards will provide Local Government with a level of assurance, both in terms of the cost of premiums and the size of potential claims.
“This issue must be considered by all spheres of government, with appropriate consultation with community and business groups,” Councillor Ross said. “In recognising the importance of resolving this issue, I will be raising this matter for urgent consideration at the next Council of Australian Governments meeting due for the end of March.”
