Brisbane City Council has a “Duty of Care” for public safety in parks

Duty of care is a broad ranging legal principle

A duty of care is a duty to take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure persons who are so closely and directly affected by your act or omission that you ought reasonably to have them in contemplation as being so affected when directing your mind to the act or omission in question.

Stated simply, it means that one must take reasonable steps to ensure their actions do not knowingly cause harm to another individual.

In such cases, the courts look to:
• the nature of the relationship between the parties;
• whether the incident resulting in harm was reasonably foreseeable; and
• the proximity or causal connection between one person's conduct and the other person's injury.

Who has a Duty of Care?

• Brisbane City Council has a “Duty of Care” in respect of community safety in public parks
• People who have control of workplaces or the access to or egress from a workplace
• Corporate bodies that engage workers under one of the labour relationships covered in an act
• Principals (people who engage contractors in the course of their trade or business
• Erectors or installers of plant for use at a workplace
• Contractors and persons engaged or employed by the contractor
• Employers
• Employees
• Self-employed people
• Designers or constructors of buildings or structures for use at a workplace
• Agents who are in the business of hiring out workers (labour hire organisations) and their clients (host employers)
• Workers who are hired out to a host employer by a labour hire company
• People who are in a working relationship that mirrors a contract of employment but is not a contract of employment
• The Government of Queensland and those employed
• The BCC and those employed
• Operators of vehicles

Just to name a few.

How many safety issues will a construction worker’s car park in a public park raise?

A car park is proposed to be provided for the Northern Link workers in Anzac Park Toowong when the BBC and Queensland Government know or ought to know about such safety risks. Corporate bodies know these risks too. This is pretty basic stuff isn't it.