DUTY OF CARE IN THE PLAYGROUND

As a caregiver, whilst any child is under your supervision in a playground environment, common law imposes a duty of care upon you to provide adequate supervision and safe and suitable premises and equipment. In other words, you should take any reasonable steps to protect the child against risk or injury, which you should reasonably have foreseen.

YOUR STATUTORY OBLIGATIONS

In Queensland, the Workplace Health Safety Act 1995, Pt. 3 is to 'prevent death, injury or illness being caused by a workplace, by a relevant workplace area, by work activities, or by plant or substances for use at the workplace'. (See Section 7 (1) of the WHS Act. Note that playground equipment is an example of 'plant').

The design, construction and maintenance of your playground should meet the relevant Australian Standards. The Standards provide sample checklists, and the minimum requirements for design, construction and maintenance of playground equipment and surfacing. Accurate written records of all inspection and maintenance procedures are essential (See Info Sheet 7: Safe Maintenance). These records should be completed and maintained permanently because of the length of time that can elapse before a claim can be made against the owner of a playground.

In Queensland, child care services (home based or centre based) that provide child care for seven children or more are required to be licenced and meet the standards prescribed in the Child Care Act 2002 and Child Care Regulation 2003. These standards are administered by the Queensland Department of Communities and are intended to ensure the provision of quality care for children.

MORE DETAILED INFORMATION for playground owners and supervisors is included in the KIDSAFE PLAYSPACE RESOURCE KIT (available from Kidsafe Qld)

For copies of the Child Care Act 2002 and Child Care Regulation 2003 go to www.bookshop.qld.gov.au (The Queensland Government Bookshop)