IM10 - Judicial Inquests

Purpose

To ensure that representation at an inquests following the death or serious of injury of a persons is suitable.

Definitions

Due to the nature of the activities and the environments in which aquatic facilities operate, lifeguards, staff members or organisations such as Royal Life Saving may be called upon to provide expert opinion to a coroner, legal counsel or a court of law.

The owner or operator of an aquatic facility should ensure that any persons providing ‘expert opinion’ on their behalf on any matter relating to the aquatic facility has an in-depth and technical knowledge and competence of the legislation and regulations as well Guidelines for Safe Pool Operations and as an appropriate level of knowledge and understanding of the courts and of expert witnessing.

It is recommended that expert witness have undergone formal training and hold recognised levels of competence (i.e. PUALAW003B - Give evidence in a judicial or quasi-judicial setting) or similar and have experience in the review and development of the Guidelines for Water Safety.

References

• PUALAW003B - Give evidence in a judicial or quasi-judicial setting
• A guide for experts giving evidence - State Administrative Tribunal – Western Australia