Australian law holds that GCYO and its conductors have a duty of care to take reasonable care not to cause foreseeable harm to other people or their property. GCYO must, by law, provide a safe, supportive and productive environment for all. GCYO’s Code of Conduct outlines responses to issues such as bullying, including cyber bullying. In most instances, conductors stand in the place of a parent while musician members are in their care. Conductors therefore have the responsibility of exercising a duty of care in relation to members, as well as having the authority to provide the member with direction and correction. Musician members are under the supervision of conductors, not only during rehearsals, but also at concerts and events outside GCYO’s property.
GCYO, and/ or an individual conductor, may be liable for negligence where a musician member is injured in an accident while under their supervision (see Commonwealth v Introvigne (1982) 150 CLR 258; Ramsay v Larsen (1964) 111 CLR 16). The responsibility of a conductor to prevent accidents that injure musician members is similar to that of a careful parent. Conductors must assess the likelihood of danger arising in relation to activities involving a level of risk (e.g. at events outside GCYO) and take necessary precautions.
In deciding whether a conductor has been negligent, law dictates that considerations may apply if and/ or, whether the conductor has taken reasonable care in all the circumstances to prevent injury to the musician member in accordance with the usual legal principles relating to negligence.
Updated March 2021