Well, Clark, you have taken the Clydesdale to water, but it will only drink if it has the brains to quench its thirst. With the possibility of decades in prison as a backdrop, your warning of entrapment was stunningly chilling.

You are a good Man Clark and a Great custodian of the land and people of the land! ⚡️🇦🇺

As a WHS and OHS qualified person, what you are saying is absolutely 100% spot on. The chain of responsibility includes ALL parties involved, especially the Land owner, or lessee, to ensure all parties who access their property or properties, is up to speed with any dangerous activities that may be enacted whilst they are present on the property, and that also includes the conduct of the visiting party or parties while on that property. Its really so simple, conduct yourself in a safe manner, as you would on any industrial worksite. Don't drink while operating machinery, or shooting, no drugs, situational awareness, keep a safe distance from working machinery, etc, etc. An extremely valid and responsible video, thanks Clark. Just as a side note, the Govt Depts involved in these investigations after a death or serious injury has been recorded, have the ability to defy physics, and make shit flow UPHILL.

Rest assured the Insurance Companies will be across this. If their assessors find One Duck out of line, your claim will not be approved.

Moral to the story some people are blind like the Ostrich with head in sand. You tried thats what counts. I Saw a farmer lose his farm through the legal fallout of a visitor getting run over and killed. Work safe found the farmer liable as he didnt have a desinated parking area for visitors even know the visitor WASNT invited onto the property.😢😢😢😢😢

Some people do not believe the iron is hot, until they burn their finger...

Exactly right, farms are a work place , the same as factory in the city, or a coal mine. Times have changed . Farmer are liable for any person or persons who step foot on their property. The same as anyone entering your own private property.

You can lead a fool to wisdom but you can't make them think

Here's my understanding so far. If a person is accidently killed on a farm Work Cover will investigate and determine negligence. The farmer maybe assigned anywhere between 0-100% responsible. A farmer might be charged with industrial manslaughter, be fined or go to jail. Liability insurance company will be trying to minimise how much they have to pay out, which will be determined in court. A farmer is now by law a PCBU and must have the procedures in place to provide a safe work environment. They reduce their chance of negligence by providing Safe Work Methods, Emergency Response Plan etc The last line of defence for a farmer is their Farm Public Liability insurance (FPLI). There's only a couple of insurance companies that provide FPLI and I have recently confirmed via insurance broker they specifically exclude hunters. I love to hunt but would hate to see a farmer lose everything due to somebody else's negligence. Unfortunately the government is doing everything they can to abolish hunting and firearms. We must unite and fight this battle as one or it's all over.

This is another example of stupidity and greed. Not keen on the way this country is going. Good vid mate. 😊

Good on you Clark! It blows my mind people are so ignorant to the facts/truth that is in front of them clear as day. Being a landholder and a hunter all of your information is very useful and people just need to have a bit more respect. That’s about all it boils down to. Don’t stop or give up Clark your a legend 👍

As a crane operator in construction and general hire the paperwork for both sides isnt that daunting... Once the landholder has their ducks in a row, and for the visiting hunter as simple as a brief induction to the workplace perhaps a short video of what you can and cant do and where you can and cant go.. Everyones credentials are checked, gun licence, car licence, proof of age, sign onto the swms, risk assessments... Each land holder will have specific rules about hunting in numbers and alot of site specific do's and dont's... I do this similarly everyday in my job... It will be the time before a hunt that everyone gets on the same page, meet the manager or land owner, show respect... These are all simple things that overtime will become normal and apart of the hunt..

Hello Clark, with regards to the video you shared on WHS. The upcoming investigation into the snake bite fatality in Townsville will surely be intriguing. The individual who tragically lost his life was not authorized as a snake catcher; however, he was reached out to by a family member and requested assistance in removing the snake from the premises of a childcare facility. My condolences to his family

Well said Clark as a small land owner I agree with you and keep up the good work .love your weekly videos Al

This is a flow-on from what happened about 30 years ago (possibly 40 years now) when property holders were told they were liable for injury to anyone on their property from hidden dangers. This led to the growth of hunters having to have personal liability insurance before being allowed to hunt on properties. Now the growth of personal injury litigation and some grievous examples of unsafe work practices it has led to the criminalisation of workplace injury. As a former safety manager for an aviation company we were required by the Federal Regulator to have a safety management plan in place. It was unfortunate that the regulator wanted a safety plan that was overly complicated and bureaucratic to make it easy for them to audit the company rather than have a useful asset. However, with the Commonwealth involved, they will ensure that all States come to the party; they did this with uniform traffic regulations and undoubtedly will do this with industrial safety legislation. Clarkie, the problem you describe is not so much on the hunter but on the property owner to have the necessary plans and notices in place. Unfortunately, what I see happening is for them to take the easy way out and just deny entry to the recreational hunter.

Based on what youre saying the same risk applies to your mates coming over for a bbq. Magistrates and Judges have a common sense approach to ruling in these matters but at the same time have a wide reaching penalty to apply harshly when needed and not so when not needed.

Great video clark so happy to be part of a group of self minded people thanks for all your hard work

I was unaware that the land owner may be held responsible for something they are not involved in.

You are 1000% correct as I experienced in the early 90s almost losing my home; now, penalties today are are even more severe. I suggest all you add hock administrators take heed what Clark has expressed. Yes, there still some yobbos out there with firearms who have no concept of careless outcomes, and worse, are administrating shooting organizations with no knowledge of legal responsibilities which, does bring unwanted attention to our activities. Congratulations and thanks for raising this issue. However I do commend and express thanks those in shooting organizing roles that work hard to keep us safe.

Clark, both your passion and frustration regarding this subject is evident. I can hardly believe the energy some people waste trying to avoid rules and regulations….should the same energy be used for compliance, all would realise how well protected all could be regarding this new legislation. Thank you for caring so much about your industry Clark.

Hi Clark over the years I've hunted a lot on private property doing feral reduction but there is no way I would do it now with all the Government bulltish I would rather just hunt on public land.

Go Clark,couple other points,redress was already available through common law and criminal codes in respective jurisdictions,and,"farmers can now receive penalties without an incident occurring",see story "Farm Safety: Ensuring a Secure Work Health & Safety Environment",plus,"some jurisdictions have re- examined the insurability of WHS penalties,and at least three jurisdictions have imposed prohibitions,including New South Wales, Western Australia and Victoria",from story "Industrial Manslaughter and the Heavy Responsibility for Business: The Path Forward".Cheers.

Well done Clark for bringing this to light. This is important stuff

Clark is spot on. Love ya ❤

Its already in the WH&S law that if you are on a site where a business is being conducted that the business has a duty of care to ensure the safety of the people on that site, be the employees, customers or even trespassers. Someone visiting your farm and they flip a quad on a dodgy washout that you knew about, but didn't warn them about it, sign post it or have a traffic management plan, then its conceivable that someone will be held liable.

Thank you for sharing Clark! Oh this is a very real thing.

Well explained Clark, there's certainly a fare share of muppets out there.

Thank you Clark for clarifying..handy information to have... sign of the times , noose is getting tighter...

Well said Clark. We at VET Centre (Qld) have been out working in the Pastural industry saying this in our training for a long time. The smart managers/CEOs of these Pastural companies have taken on board their WHS obligations. The Management that do not train/assess and certify staff and ensure that they have their compliance policies and procedures in place, will lose their houses and do time. As an ex law professor my wife writes these policies and procedures for SMEs.

Thanks 👍 Clarke mcghie very interesting..nice to get the heads up

Unfortunately Clark even thou you are informing the people and clubs they will not do anything about it until it’s to late. Please keep doing what you’re doing. As for them dragging you name through the mud I would be looking at this really closely.

Public liability insurance won't protect anyone from criminal charges. But a good safety system may not be enough to avoid charges too (although hopefully it avoids anything happening). It's pretty hard to say you provided and safe workplace when someone is dead.

You should point out, it’s NOT the activity of the victim that is the determinant, they could be a trespasser, it’s the action/inaction of the landholder

Clarky, have you watched Hoody in the Senate for a future Royal Commission into you know what? Worth watching!!!

Regards from IRELAND Long live common sense great content

Where does it stop, follow the money.

Great video Clark. Keep fighting the good fight. ❤😊 RTR

Thanks for the update allready sent to my lanndholder

Well said, Clark. Insurance can never make good a tragedy or indenify criminal negligence. Right or wrong, if someone dies, the full force of the law will be applied. Cheers

Well done and thank you for bring this to the peoples attention.

I am now retired, but for over 10 years I specialised in the Chain of Responsibility legislation. In respect to WHS a PCBU is responsible for workers and all visitors on property they control. Insurance is unlikely to cover you if there is reckless or negligence. A party can be prosecuted for what you do do and what you do not do. I repeat you can be guilty for what you do not do. In short there needs to be realistic risk assessments with appropriate actions. The actions are simply the policies and procedures. A policy is what you are going to do, a procedure is how you do it. with a proper Safe System there is no problem. Without one you are at risk. Simple -+=. Do the right thing.

Ignoring health and safety legislation, and common sense in general, has led to the deaths of thousands over the years. Health and Safety is there to protect everyone, workers, employers, people enjoying recreational activities and landowners, the list is endless. People over the centuries have dies through lack of safety precautions because others just really don't give a feck or are trying to save a few quid. Like all workplace/environment legislation, it's not always perfect, but it's there for the protection of life in the main part. Good vid as always Clarkie mate. Stay safe and don't let the b'stards grind you down.

Some people can't be told. Just because they don't agree with it then they ignore it.

There are none so blind, as those that will not see.

Thank so much for the info mate your doing a great job people Need to know the facts. cheers

Thanks for this Clark. The only deer hunting group I will join when find the means will be the R.I.D.G.E group. Clark for PM. Regards Mark from Redlands.

Clarke I don’t know how it works in Australia but in the UK insurance does not cover you for criminal offences. Your insurance would cover you if someone claimed against you civilly, but if you’re taken to court for a criminal offence, then insurance counts for nought.

Both parties need PCBU plan for operation, then separate daily plan every time this take place. Not PCBU paperwork but training in firearms, first aid, other educational liking cert in agriculture as bases. First Aid kit, UHF, mobile phone, water, contact point sign are needed too for communication. I know this might be over top but there been cases. Just tick boxes, stay alert of your surroundings n hope you dont get F over.

Well said Clark, don’t back down mate!

Hey Clark! It is always said that you can’t fix stupid but keep trying you never know

Great informative video mate

Hi Clarke, the is off topic for this video, but I saw an interesting thing being offer for trappers the other day. It's called PAPPUTTY. It is new and is a poison to replace the strichnine, which I thought was only used in WA on foot hold traps. I think this is being offered to other states and being listed as a better humane result for trapped animals...... Not so flash for the by catch animals that could normally be released without any harm. I hope the use of this doesn't become common practice!

Good work Clark, even I can understand that.

Same in the uk there coming after farmers land owners and hunters full stop they want everyone off the land to either rewild or build across as in homes or windmill abd solar farms 🏡

Clark, As a former safety inspector, shooting association public officer and hunter, I see reason to take safety seriously but no reason for alarm. Insurance though useful will usually not cover wreckless conduct and will not protect a killer from time in jail. Paperwork procedures might be useful but these cannot paper over wreckless dangerous conduct by the manager of a business. Maybe you might like to communicate with me about what would be a reasonable degree of risk management.

As a supervisor i was always conscious of my actions because of this legislation

As Tzu Sung said, " Time spent in reconnaissance is never wasted", so I would say Clark has done his and has issued a warning to the reckless, feckless and those who wish to deceive. As Vespasian said, " He who desires peace prepares for war". Clark, that was a very clear, "Heads up, the danger is out there" and how many other hunting clubs are unenlightened as well? Hopefully fewer after watching your video. Stay safe.

Great work mate.

Very interesting. I have had my concerns in the past about issues like this when talking with some shooters/hunters. Or even landholders. It will make access to property even rarer, and I can't blame the farmer. They have to look out for themselves. Can't risk idiots on their land saying all the right things to get their foot in the door. And once on, spending the night drinking and shooting. We all know it happens. Poor farmers end up up the creek because of idiots.

Oh, one fact you haven't mentioned - if you are found guilty of negligence, or under part of the WH&S legislation - any insurance is void. Insurance can not be provided for an illegal act

Well said those land owners need to know the laws of the hunter's on their property as it needs to be addressed

There’s a lot of mouthy Pitt Street hunters out there mate.

Here in the UK we are actually in the position where if someone is technically trespassing on your land and comes a cropper say by falling from a highseat the landowner is responsible for their welfare. The old trick of sawing halfway through one rung towards the top of the ladder to 'fix' thieves is now no longer an option. We'd be sued privately and punished criminally in such an event. Being hurt even in the commission of a crime gives you the right to sue the bloke you were trying to steal from. I'm far from convinced this is righteous law but it is the way the world is heading.7

Cheers Clark

Clark, thanks for your advice and wisdom. However mate, as you know, you can't educate idiots! Safety in the work place has far reaching effects. If you're on a working property, (no matter what your capacity) it's a work place! Plain and simple! The land owner not only has to have done something which may have contributed to the death but also by omitting to do something that would or could have prevented the death, they will be held accountable!

In today's litigious society Landowners/Renters have to wallpaper their arses with the necessary legal paperwork to protect themselves and their business, Yes its a drain on time and money, but even if there is just one minor accident never mind God forbid a fatality, it is better to be prepared and ready to defend themselves, than do nothing and get run over by the 'Health & Safety' and Legal industries who are waiting to exploit any opportunity they called too.

Well said mate

Howdy LEGEND! ISSHO is now in my vocabulary 👍. I am in SSAA for the insurance. My question is, could the land owner be covered under the THIRD PARTY component of the insurance. And would it have to be a shooting incident? Or are you covered as soon as you leave home and until guns are locked back up? Similar to workers comp, covered as soon as you go to then get back from work. Stay strong mate!

So recreational fishing is also in the same situation as is walking your dog in the park?

Nice work

Just put up do not enter, or no unauthorised persons allowed. The same sign should go on city limits or western Sydney etc.

All over Oz we have to do swims and safe work introductions. Before any work can commence. We all love hunting so please do the Do the right thing by everyone.

Some people just don't get it. We went thru similar circumstances in the mines where if we didn't follow swms an a accident took place we could be held responsible in court aswell as managers and massive fines and or jail time

Thanks Clark. I won't let any person onto my properties.. Anybody hurting themselves would be a trespasser. = Keep ya gates closed !

well said

Our present government could be deemed "guilty" of causing harm, to millions of Australian citizens under this legislation. 1; They didn't warn us of the dangers of voting for them. 2; None of us have received any training about how to seal with this government. etc., etc.,etc.

Every employer has the obligation to provide a safe workplace. If a landowner is engaging you to control dogs, pigs, cats etc then you should be providing swms on how you’ll be undertaking the task in a safe manner

Thanks for sharing this Clarke, everyone has a right to return home to family uninjured.

Well done trying to look after all parties in this world of legal minefields mate. Hate to see people being taken advantage of. It's not the individuals families that will go the landholder It's their insurance company so they're not the one's paying out. It's straightforward passing the buck. Cheers mate 👍 🐕 🤠

I suggest that this ONUS of responsibility might well extend to all landowners> Government reserves, duck swamps, State forests etc that allow hunting. Why should an individual farmer or a corporate body be any different to a State based access to hunting. In addition the State governments charge fees in the form of licenses and game stamps. Interested in any comments.

If said farmer is paying you commercially to work on the property you would either be working under your company name or sole trader ABN. If a company or trust it would be your responsibility to have your own cover and the farmer should ask for current proof of insurance. If sole trader ABN, the employer/farmer must pay both your super and work cover... No ifs no buts. Both scenario's complete legal obligations. If someone drives in my driveway to the property and has an accident injuring or killing themselves, I would not be going to jail.

Hi Clark, thank you for informing with the truth I will say it again the truth someone needs people need to wake up and smell the roses. I work for a guy in 2018 and he forced all these documents which cost me $1 million and I lost a leg plus a lot of fuse back etc etc I won’t go into it but keep up the good work really your videos

Looking forward is all well and good but one must follow through with forward action. If you are wicked smart and sharp as a tack with a college degree in law, a business opportunity has just landed at your feet, do not delay call Clark McGhie today. Farmers and ranchers (hunting guides and trappers as well) along with their insurance agents will need assistance with this new legislation. If that intelligent individual fails to contact you, seek him out immediately. Grandad always said, you fight fire with fire son. Good luck to you Sir, you will surely need it.

Very sound advice, the know all's should take this on board and stop being smartarses, thanks Clark

If that group wants to wait for a case to test the legality of what you are saying, do they want to be the one "to test it in court"? That could be expensive in many ways.

Great now it will be even harder to access private property.

Wasnt this video put up before?

I noticed no where is it mentioned that the use and implementation of common sense is essential, now these woke politicians, lawyers, and insurance companies feel that someone else HAS to be responsible for a individuals disregard of caution, common sense, and safety in whatever they are doing. You can't out think or fix stupid.. What ever happened to personal responsibility or accountability...By the proposed legislative logic, If I was to run naked and blindfolded on the highway during peak traffic hour and was struck and killed, the person who hit me, the automobile manufacturer, the builder of the highway and the people who actually installed the roadway would all be responsible for my ignorance and disregard for personnel safety? Brilliant..

Keep up the Good Fight Clark, the Labor Government will Try Anything to get into our pockets. Stay Strong.

Clark...Those with the power want to lock in their power over you and me. It is their plan to create a system where we are their servants and own nothing.They will always be exempt from charges against themselves.

I wonder how the Matt Wright case will play out with this legislation

Not before Time

are there no laws requiring to have roll bars on quads or tractors, they can/could help.

Well said Clark, it's unfortunate to think that their are still cowboys out there thinking their immune to the law.

It benefits corporate to have a set price for you life they have the best ✌️

Understood.. Thankyou for explaining that . Obviously the legislation that has been written that "unfairly" puts the property owners at risk legally is wrong..Do you agree?

Well that sucks. Why would landowners let us on to hunt then?

How do i know if i have their great insurance if you dont tell me who they are 😂

Australia one party

Leave our dingoes alone.