Does the Standard and Good Practice Guides apply to me?
The AAAS and related GPG’s are specifically designed to help activity providers who are conducting activities involving dependent participants, to provide a safe and responsible experience. It is for each provider to determine based on their own individual circumstances, if they are working with dependent participants or not.
A dependent participant is a person owed a duty of care by the activity provider who is reliant upon the activity leaders for supervision, guidance or instruction to support the person’s participation in an activity. For example, this often includes participants under the age of 18, participants lacking the ability to safely undertake the activity, or participants reasonably relying on the activity provider for their safety. The degree of dependence may vary during an activity.
Considerations for determining if a person is a dependent participant may include, but is not limited to:
- the foreseeable level of competence of the participant in the activity and the associated level of reliance this creates on the activity leaders
- the level of foreseeable self-reliance of the participant to reasonably manage their own safety
- the possible variation throughout the activity of the level of reliance
- the variation of the degree of dependence throughout the activity
- the individual context, nature and circumstances of the activity
- the relevant circumstances and particular facts relating to the responsibilities assumed by the provider.
An activity provider can be any organisation – business, community group, government agency, school or any other groups – that organises and leads adventure activities. Individuals can also be an activity provider, if they have the ultimate legal duty of care to participants. In general, ‘the Standard’ and GPG’s relate to a provider as a ‘whole organisation’, rather than to ‘specific roles’ within the provider ‘organisation’.
Some providers may have their own standards or guidelines appropriate to their duty of care. It is recommended that these be reviewed periodically to ensure current duty of care expectations are met. ‘The Standard’ and ‘GPG’s’ may aid such reviews.