Thread: Gunshot creek, a disaster waiting to happen?

Originally Posted by rammypluge

If you walk up to an injured person you then enter into a duty of care, if you walk away without assisting them in some way you are breaking the law.

Not true, you have no obligation to assist at all if you don’t think you are able or competent to do so, the exceptions to this are if you are a trained professional like a Nurse or Doctor. You can walk up to someone who is injured or dying, think you don’t want a bar if it and walk away quite legally.

Originally Posted by rammypluge

And if any injured person survives they may have the option of a civil suit, and take your house.

Sigh - not if you were at work when doing the job, the business would be liable, not the individual - this isn’t America you know. You would be surprised on how few things you can actually sue for in Australia.

I did the OTT some time ago in a .....Great Wall X240. Yes 1st Great wall to do it. I also did gunshot. At that time there were about 3 or 4 ways to tackle the crossing. Bl... Stupid, Stupid, Mad and 2wd . I did the stupid and had no problems. I guess I have like most others here a respect for my vehicle and want it to get there and back (much like the JEEP ad???). When we crossed a person (read idiot) did the insane crossing and got stuck. When we left they were still trying to get him loose.

The whole issue with the OTT is that you can take the easy way (ie chicken track) across on most creek crossings. Only one is unavoidable in that the water is deep and there is no chicken or side track and that is Nolans. But careful prep and it can be easily done. The whole idea of the OTT for me is the challenge and the satisfaction that you did it. How and to what extent you challenged yourself or your vehicle is for you to decide. The satisfaction is that you did it, not that you broke your car doing it.

Originally Posted by Saitch

The Old Telegraph is a road, albeit with the formed track wandering outside the surveyed boundary into National Park in several locations.

The OTT is NOT a road it is a TRACK, There IS a road that can easily bypass this TRACK.
It May have been a "Gazeted" road in the early days but it No longer has that status.

Originally Posted by Homestar

Sigh - not if you were at work when doing the job, the business would be liable, not the individual - this isn’t America you know. You would be surprised on how few things you can actually sue for in Australia.

I thought the laws were changed in Australia a few years ago, so that if you were negligent in some respect that you were also vulnerable to be personally sued and not just the business.

Originally Posted by Slunnie

I thought the laws were changed in Australia a few years ago, so that if you were negligent in some respect that you were also vulnerable to be personally sued and not just the business.

Happy to be corrected and interested to see what it says - can you link in a source?

Its dangerous to generalise because some states are regulated in relation to good samaritans per se and some are not (common law applies in some states to some who are not specifically mentioned in the legislation). Here is a good start if you are keen for a read. Just word search samaritan. Cheers

Australian Civil Liability Guide 10th edition PDF 1.48 MB - Carter Newell
PDFwww.carternewell.com › Patrick_Mead

https://www.google.com.au/url'sa=t&s...2R3HCZLM1_STC_

Originally Posted by Homestar

Happy to be corrected and interested to see what it says - can you link in a source?

I havent looked for a link you'd have to Google it, it came to us via the workplace.