General Comments

The Draft document is very bulky and detailed. Whilst it is acknowledged that the information forming part of the Draft Document would be suitable for proponents of very large high-risk gatherings such as large rock concerts, the overload of information makes the guidelines impracticable for much smaller and more common events.

Whilst the Draft Document states, "the size and complexity of events must be considered to ensure that appropriate information from the guidelines is utilised" The Draft document fails to specify a cut in point at which certain provisions of the guidelines would apply.

Proponents of small events such as a wedding for example would be totally overwhelmed by the sheer complexity of the Draft Document and the requirement to comply with its provisions.

Until such time as the Department of Health specifies the minimum size of an event below which these Guidelines do not apply, there will exist an ongoing uncertainty experienced by Local Government Authorities as to the extent to which these guidelines should apply with the result that these Guidelines are applied in a far from uniform manner throughout the state.

Of significant concern is the attempt made in the Draft Guidelines to link mandatory public building requirements to all events. It is not practicable to apply public building requirements to free field events which are not enclosed by a structure and which do not have any access/egress restrictions in place.

Similarly it is not practicable to apply public building requirements to all events irrespective of the size or nature of the event in question. The Draft Guidelines on page 21 and page 26 are quite clear and specific on this matter and require Local Government Authorities to approve all events as public buildings and issue a Certificate of Approval prior to commencement of an event.

The Department of Health needs to recognise the problems faced by Local Government Authorities in implementing such a provision and in particular;

• The substantial resource implications associated with administering public building requirements for "all" events;
  
  
• Practicalities associated with issuing certificates of approval and maximum occupancy numbers for free field (not enclosed) events and the policing of such by the relevant issuing authorities;
  
  
• Liability issues associated with failure to adequately apply the Draft Guidelines as well as legislative requirements.
  
  
• Public backlash associated with regulation of public events that have never previously attracted such attention from enforcement agencies e.g. school fates, charity fundraisers, fun runs, weddings etc.

Clearly it is not feasible for Local Government Authorities to apply the full extent of Public Building legislation to all events.

From a legal point of view it is inadvisable for Local Government Authorities to cherry pick which provisions of the Public Buildings Regulations they wish to apply to a specific event and which they wish to leave out.

The Department of Health has acknowledged that the existing definition of what constitutes a public building is too broad and unworkable and that it would seek an urgent amendment to the Health Act 1911 in this respect.

A working group is currently developing an interim position on the public building issue pending the amendment of the Health Act. As such it is inappropriate to apply public building provisions to all events at this time especially since the working group is as yet still to finalize its deliberations on the interim provisions and in the knowledge that the Health Act definition of what constitutes a public building is likely to be amended in the not too distant future. In any case once the public building definition issue has been finalised as past of the review of the Health Act 1911, the stand alone public building legislation will override the provisions of the guidelines as they relate to public buildings.

Recommendation

All references relating to public buildings legislation and certificates of approval should be removed from the Draft Guidelines until such time as an agreement has been reached by the working group on an interim position on the public buildings issue or until such time as the Health Act definition of what constitutes a public building has been amended.

The Department of Health develop and adopt a comprehensive risk assessment template for concerts events and organised gatherings that still allows suitable flexibility by the relevant enforcement agencies.

The Department of Health provide training to Local Government Environmental Health Officers aimed at enabling them to undertake the approval of Emergency Evacuation Procedure and Risk Management Plans for concerts events and organised gatherings

The Draft Guidelines should stipulate a cut in point based on a risk assessment
process below which the provisions of the Draft Guidelines would not apply.

The mandatory requirement for the formulation of an Emergency Plan should only apply to events where there are 5000 or more participants.

Specific Comments

Page number 5, Introduction, first paragraph, line 4
The number "12995" needs to be changed to "1995".

Page number 6, Scope, second paragraph
A practical cut in point for the application of the guidelines should be identified. It is not practicable for Local Governments to assess all events irrespective of size, complexity or risk.

Page 13, Emergency Procedures, first paragraph
The need to have an Emergency Evacuation Plan in place should have an exemption from that requirement for all low risk events.

Please note that there exists a concern in relation to the requirement for Local Government Environmental Health Officers to approve Emergency Evacuation Procedure and Risk Management Plans without any formal qualifications or training to undertake the assessment and approval of such Procedures and Plans.

Page 16, Application procedure, first paragraph, line 1
Replace the word "concerts" with the word "events".

Page 16, Application procedure, second paragraph, line 1
Replace the word "concerts" with the word "events".

Page 17, Table, lines 4,6,9,15,
Replace the word "concert/s" with the word "events".

Page 18, Dead of agreement, paragraph 1, lines 3
Following the word "building" add the words "or land"

Page 18, Dead of agreement, paragraph 1, lines 5
Following the word "buildings" add the words "or land"

Page 21, Public Building Approval
This whole section should be removed. Public building provisions are already addressed via the Health Act 1911 and the Health (Public Buildings) Regulations 1992.

A mandatory link between all events and public building requirements is impractical, and unenforceable for reasons stated on bottom of the first page of this document. At most a provision should be made referring an event coordinator to the relevant Local Government Authority for guidance of the potential application of public building requirements to the event in question.

Page 22, Information required in application, first paragraph line 4
Replace the word office with the word "offence"

Page 24,first paragraph
Remove paragraph

This whole paragraph should be removed. Public building provisions are already addressed via the Health Act 1911 and the Health (Public Buildings) Regulations 1992.

A mandatory link between all events and public building requirements is impractical, and unenforceable for reasons stated on bottom of the first page of this document. At most a provision should be made referring an event coordinator to the relevant Local Government Authority for guidance of the potential application of public building requirements to the event in question.

Page 24, Toilet facilities
This paragraph should be amended to allow for application of BCA toilet requirements for existing structures with a fallback on DOH toilet facility Guidelines for outside events.

Page 24,Exits
This paragraph refers to a table showing BCA requirements for exits. Some provision should be made for a table showing alternative exit provisions for events where the BCA does not apply.

Page 24, last 3 paragraphs, following on to top of page 25
Remove reference to public buildings and certificates of approval

These references should be removed. Public building provisions are already addressed via the Health Act 1911 and the Health (Public Buildings) Regulations 1992.

A mandatory link between all events and public building requirements is impractical, and unenforceable for reasons stated on bottom of the first page of this document. At most a provision should be made referring an event coordinator to the relevant Local Government Authority for guidance of the potential application of public building requirements to the event in question.

Page 26, Event Approval Flow Chart, third last box
Remove the words "Local Government issues a Certificate of Approval"

This reference should be removed. Public building provisions are already addressed via the Health Act 1911 and the Health (Public Buildings) Regulations 1992.

A mandatory link between all events and public building requirements is impractical, and unenforceable for reasons stated on bottom of the first page of this document. At most a provision should be made referring an event coordinator to the relevant Local Government Authority for guidance of the potential application of public building requirements to the event in question.

Page 36, Legend, third line
Replace the word "musty" with the word "must"

Page 40 Egress/Exits
A table be supplied suggesting minimum exit requirements for events not subject to BCA controls such as free field (non enclosed) events.

Page 45 Toilets for Temporary Events
It should be clearly stated that the proposed reduction to required toilet facilities may not apply in cases of events housed in structures subject to BCA requirements.

Piotr Zenni
Chairperson
Legislation Review Committee
Environmental Health Association (Australia)