The report highlights that some state-based civil liability laws have not been reviewed in nearly 25 years, leading to increased pressure on sectors heavily reliant on public liability insurance. Industries such as amusement and theme parks, festival operators, live music venues, caravan parks, and waterparks are particularly affected due to their high patronage and associated risks.

Key areas identified for reform include:

  • Claims for Psychological Injuries: Addressing the complexities and costs associated with psychological injury claims.
  • Worker-to-Worker Incidents: Clarifying liability and coverage in cases involving multiple workers.
  • Leisure and Recreational Risks: Updating definitions and coverage for activities deemed high-risk.
  • Limitation Periods: Reviewing timeframes within which claims can be made.
  • Claim Farming: Combating practices that encourage unnecessary or fraudulent claims.
  • Definitions of Dangerous Activities: Standardizing and updating what constitutes a dangerous activity.

ICA Chief Executive Andrew Hall emphasized the need for these reforms to ensure that public liability insurance remains sustainable and continues to provide the security that businesses rely on. He noted that industries most impacted are often drivers of tourism and economic activity, contributing significantly to their communities' economies and cultures.

The white paper recommends that the Federal Government lead a national review of tort law and civil liability to examine the ability of small businesses and not-for-profits to obtain insurance. Implementing these reforms could reduce escalating premiums and ensure the long-term sustainability of businesses and organizations serving the Australian public.

For fitness professionals, particularly those operating their own businesses or managing facilities, these proposed reforms are crucial. Rising insurance premiums can significantly impact profitability and operational viability. By advocating for updated and fair civil liability laws, the ICA aims to create a more balanced environment where businesses can secure necessary coverage without facing prohibitive costs.

In conclusion, the ICA's call for state law reforms represents a proactive effort to address the challenges posed by outdated civil liability laws. By modernizing these regulations, the goal is to alleviate the financial burden of rising insurance premiums on businesses and community organizations, thereby supporting their continued contribution to Australia's economy and society.

Author: Paige Estritori
Published: Thursday 21st May, 2026

Please Note: If this information affects you or is relevant to your circumstances, seek advice from a licensed professional.

Share this article: