The Grant St reserve where the social cricket match accident took place. Picture: Jay Town Source: News Corp Australia
THE work-safety watchdog wants people to stop playing sport at a city park because it deems lamp posts and benches too dangerous.
The Victorian WorkCover Authority has launched legal action against Melbourne City Council for allowing an Australia Day cricket match on the Southbank reserve.
A successful case could lead to other councils banning sport or restricting access to some parks to avoid costly litigation.
It comes after an emergency worker who fell over a park bench during the social bash took the State Emergency Service to the County Court for exposing him to the “hazard”.
George Anestopoulos claims he broke his collar bone when he stumbled over the bench catching a ball during the match organised by the SES on January 25, 2008.
Mr Anestopoulos, 49, said the SES should have done a risk assessment of the Southbank site and drawn up a Work Safety Plan before putting on the friendly game.
He claimed the SES shouldn’t have allowed the game to be played on the Grant St reserve — down the street from its headquarters — because it was uneven and bound by a “busy highway”.
Mr Anestopoulos now claims that his onset of carpal tunnel syndrome, nerve injury, headaches and chronic pain, anxiety and depression were as a result of the accident.
But in County Court documents filed last week, the VWA claimed the council was to blame for Mr Anestopoulos’s injuries.
It accused the council of being negligent for “failing to discourage or prohibit attendees at the reserve from participating in sporting or recreational activities” when the area was uneven, not big enough for playing cricket, and contained hazards “such as lamp posts and park benches”.
VWA spokesman Peter Flaherty said the writ was lodged solely as a measure to protect the VWA’s compensation rights in relation to an incident that took place more than six years ago.
“The VWA is yet to determine if it will proceed with any further action against the City of Melbourne,” he said.
VWA is claiming an indemnity from the council from any compensation Mr Anestopoulos might pursue.
Melbourne City Council spokesman Sam Bishop declined to comment on the issue because legal proceedings were afoot.
Maurice Blackburn lawyer Dimi Ioannou said the case should send a warning to all councils “to make sure that they do the right thing, so that the public can enjoy the use of free facilities without the risk of getting hurt”.
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