Claims can result from a wide range of activities so implementing risk management procedures is critical to not only preventing incidents and claims, but to also assist in the defence of any claims if they are made. 

Where a department is hosting or supporting events or activities, liability insurance is especially relevant. The risk of accidents is higher given the number and diversity of people attending (different ages, level of mobility etc). This needs to be considered by the respective department when identifying potential risks. 

The following provides guidance in the preparation and implementation of risk management plans to reduce the frequency and severity of injury claims.

Most critically, the purpose of a risk management plan is to identify where activities or events may create a risk that needs to be managed. Sometimes the risk is inherent and cannot be entirely avoided. Identifying the risk and taking steps to manage those risks, however, will go a long way to minimising the Government's exposure to personal injury claims. 

Factors to consider include:

1. equipment that might be used for the purpose of the operations or activities being undertaken; 
2. the location of the operations or activity, including the nature of any premises and risks that are specific to those premises either existing (e.g. structural) or foreign (e.g. spills); and 
3. the actual activity is being undertaken and whether it is of a high or low risk. 

It is then critical to identify the severity of the risk. 

Sometimes a risk may be present but the risk itself is low in frequency and severity so if the risk were to materialise, the outcome is largely inconsequential. It may not be necessary to take onerous steps to minimise such risk from materialising. 

Where, however, the frequency and / or severity of the risk is higher, a more stringent risk management plan and steps to address the risk will be required. 

While it is important for everyone to ensure that the risk management plan is adhered to, it is critical that the correct people are tasked with implementing the plan and are trained accordingly. Some risks may be obscure and may not be apparent to a person who is not specialised in the area of that risk. 

The people who are entrusted with implementing the risk management plan need to be suitable for the role and where appropriate, need to be trained on the specific risk. Regular communication about the implementation of the risk management plan will ensure that it continues to be adhered to. 

The courts have often held that delegating responsibility to everyone to keep a look out for risks is commonly insufficient to ensure that the risk does not materialise. If it is everyone's responsibility, it is also nobody's responsibility. Where specific roles are designated for monitoring and managing risks, it ensures accountability and a knowledge base if things do not go to plan. 

Regular safety inspections, audits and review of the risk management plan should be implemented to ensure that it remains up to date. Reviews ensure the plan is still relevant and identify any new risks that may have arisen since the plan was originally developed. 

It is also useful to critically evaluate risks that do materialise. Any incidents or claims that follow as a result of the materialisation of these risks will assist to refine or further formulate the risk management plan. 

Learning from past events is essential for ongoing education, training and improvement. 

If an incident occurs, establishing a procedure and policy for responding to an incident will enable appropriate review to update the risk management plan as appropriate and to ensure that relevant stakeholders are apprised of what has occurred and what is being done to mitigate against a further incident. The procedure should include how to report, document and investigate any incidents or near misses.

Documenting incidents and near misses will also be relevant in the event that a claim is made as contemporaneous records detailing the risk assessment, how it was implemented and periodically reviewed, in addition to any changes to the plan, will be a component of the evidence gathering phase.

The identification of risks and creation of a risk management plan coupled with appropriate training, communication and incident response protocols will assist in the minimisation of incidents and ultimately, the minimisation of claims. 

It also assists with conveying to department officers and staff that safety is taken seriously to encourage and support a culture of risk minimisation. 

While it is of benefit to have plans and policies, it is also essential that those plans and policies are adhered to and evidence of that adherence is necessary to defend any subsequent claims that might arise. It is for this reason that training and ongoing communication with open channels for reporting is valuable. 

Inspections and audits of not only the risk management plan but also the event, premises, activities and equipment etc will ensure that you continue to update the plan accordingly.