Tla . Mary Gadams CEO of Racingthepianet Events Limited

•

4 Apri/2012 Subject to parliamentary privilege

The Chair Western Australian Legislative Assembly Economics and Industry Committee Level 1, 11 Harvest Terrace ' WEST PERTH WA 6005

BY EMAIL ([email protected])

Attention: Mr Tim Hughes

Dear Mr Hughes,

Submission to the Western Australian Legislative Assembly Economics and Industry Committee inquiry into the 2011 Kimberley footrace by RacingThePianet Events Limited

I am the CEO and founder of RacingThePianet Events Limited ("RacingThePianet"), the company that organised and conducted the 2011 Kimberley footrace.

In addition to being the CEO of RacingThePianet, I participated in the 2011 Kimberley footrace as a registered competitor.

RacingThePianet and I greatly regret that 5 competitors were injured by fire during the 2011 footrace. was among the 5 participants injured.

I believe that RacingThePianet took reasonable steps to identify and reduce risks and maintain the safety of competitors, employees, contractors, spectators and volunteers in the preparation for and the running of the 2011 Kimberley footrace and in responding to the fire and the injuries, including access to medical support and evacuations.

I enclose RacingThePianet's submission to the Western Australian Legislative Assembly Economics and Industry Committee inquiry into the 2011 Kimberley footrace. RacingThePianet makes this submission to the members of the Committee, at the written request of the Chair, in order to assist the consideration of the matters the subject of the Committee's terms of reference.

RacingThePianet's submission represents its best present understanding of relevant matters, based on the discussions and communications it has had and records kept and obtained by it. The preparation of these submissions has been dependent on the assistance, recollection and records of a number of competitors, volunteers, spectators, contractors and West Australian Government authorities for which RacingThePianet is grateful.

RacingThePianet has not been able to obtain , nor been provided, the recollections or records of all the competitors in the 2011 Kimberley footrace, volunteers, spectators or Western Australian Government authorities which it has requested.

I would be grateful if you would please direct future communications with RacingThePianet to Samantha Fanshawe at [email protected].

Yours sinc,rely/ tla~~ .~~ Mary Gadams CEO of RacingThePianet Events Limited

RacingThePianet Events Limited 1 www.racingtheplanet.com SUBJECT TO PARLIAMENTARY PRIVILEGE

SUBMISSION TO THE WESTERN AUSTRALIAN LEGISLATIVE ASSEMBLY ECONOMICS AND INDUSTRY COMMITTEE INQUIRY INTO THE '2011 KIMBERLEY ULTRAMARATHON' FOOTRACE BY RACINGTHEPLANET EVENTS LIMITED

RESPONSE TO TERMS OF REFERENCE

1. RacingThePlanet Events Limited ("RacingThePlanet") responds to the terms of reference as follows:

(a) RacingThePlanet greatly regrets that the 5 competitors, including its CEO, were injured by fire during the 2011 footrace. RacingThePlanet believes it took reasonable steps to identify and reduce risks and maintain the safety of competitors, employees, contractors, spectators and volunteers in the preparation for and the running of the 2011 Kimberley footrace and in responding to the fire and the injuries, including access to medical support and evacuations. As set out in detail below, this included formulating and implementing a detailed risk management plan addressing, among many other things, emergency procedures, medical contingency planning and notifying relevant land owners, occupiers and government authorities. When RacingThePlanet staff became aware that competitors had been affected by a fire in the Tier Gorge they telephoned Emergency Services on 000 for assistance, evacuated competitors from the course, ensured medical assistance was provided to the injured competitors and arranged for helicopter and vehicle assistance to evacuate the injured competitors.

(b) RacingThePlanet complied with the sponsorship arrangement with the Western Australian Tourism Commission including in relation to insurance. RacingThePlanet conducts footraces in remote locations which inherently carry some risk. As with all sporting activities, risk cannot be completely eliminated. Regulation which seeks to impose all or substantially all competitor risk on the organiser is likely to result in those sporting activities being conducted outside Western Australia. In particular RacingThePlanet does not expect that such races would be conducted in Western Australia (or anywhere) in the absence of a substantial or complete waiver of claims by competitors against organisers. The safety and interests of competitors, employees, contractors, volunteers and spectators are governed by the same Western Australian laws that apply to other persons and activities.

(c) RacingThePlanet repeats its submissions in (b) above. RacingThePlanet staff, Course Director and Medical Director are highly experienced in the preparation and conduct of endurance footraces in remote locations and they have organised 33 races in remote locations around the world in which some 4,000 entrants

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have competed. RacingThePlanet believes that its risk management represents best practice in the management of remote location footraces and that such footraces have no higher risk than other sporting activities conducted in Western Australia including horse riding, parachuting, boxing, motor racing, ocean yacht racing, surfing, swimming, kayaking, adventure races, trekking, mountain biking, football and rugby.1 The public health risk of these activities, as with all sporting activities, must be compared with the considerable and increasing risks associated with physical inactivity in developed economies.

(d) RacingThePlanet promptly provided all the information requested by Western Australian Tourism Commission. As stated above and set out in further detail below, RacingThePlanet staff members have organised and promoted 33 footraces in 8 countries over 10 years with some 4,000 entrants. RacingThePlanet is not aware of any organiser of remote location footraces which has conducted more footraces in more locations with more competitors than RacingThePlanet.

(e) The experience of RacingThePlanet outside of Western Australia is that the best practice for major sporting events requiring interaction with multiple regulators is that there be a single point of contact with the government to coordinate the performance of the event organiser to the various branches and departments of government, from the inception of event planning. RacingThePlanet believes that the responses and cooperation of Western Australian government instrumentalities (and the response of footrace organisers to their requirements) would be facilitated by such coordination.

(f) Although the Kimberley 2011 footrace is described in the terms of reference as an 'extreme' sporting event, the Kimberley 2011 footrace was less than half the length of the 2010 Kimberley footrace and over 90 per cent of the course was accessible to four wheel drive vehicles. The footrace was conducted within 100 kilometres of Kununurra (the largest town in Western Australia

1 See for example:

PA Cameron et al, "Incidence of serious injury and death during sport and recreation activities in Victoria, Australia" (2005) 39(8) British Journal of Sports Medicine, 573-577.

NE Andrew et al, "Trends in sport and active recreation injuries resulting in major trauma or death in adults in Victoria, Australia, 2001-2007" (2011) International Journal of the care of the injured.

Colin W Fuller, "Catastrophic Injury in Rugby Union" Is the Level of Risk Acceptable?" (2008) 38(12) Sports Medicine, 975-986.

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north of Broome) in areas which are frequented by tourists and local residents.

It may be useful for government agencies to ensure that up to date, accurate and specific information about fire risk in the Kimberley is made readily available to visitors to the region in prominent and readily accessible locations such as on the internet, at the airport and from those who regularly deal with visitors to the region from other parts of the State, Australia and outside Australia to educate them as to the fire risks in the region.

As recently as 28 March 2012, a representative of RacingThePlanet attended the Visitors Centre at Hay Street, Perth, and enquired about the risk of fire in the Kimberley region. The representative was told by a staff member at the Visitors Centre that fires in this region are normal and are part of the landscape. He also was told that visitors should not be concerned about the fires and, if there was an emergency, a warning would be broadcast on television.

BACKGROUND

2. RacingThePlanet was established in 2008. Its staff, management and contractors have been involved in organising 33 footraces in remote culturally rich rough country locations around the world for over 10 years. Some 4,000 entrants have competed in those footraces to date.

3. The main races that RacingThePlanet organises are known as the "4 Deserts" races which are 7 day, 250 kilometre footraces which take place annually in 4 different deserts around the world. The locations for the 4 Deserts races are the Gobi Desert in China, the Atacama Desert in Chile, the Sahara Desert in Egypt, and Antarctica (held every second year).

4. In addition to the 4 Deserts footraces, since 2008 RacingThePlanet has organised a "Roving Race” in a different location each year. Previous locations of the Roving Race include Vietnam, Namibia, Australia and Nepal. Roving Races are planned to take place in Jordan and Iceland in 2012 and 2013 respectively.

2010 RACINGTHEPLANET RACE IN THE KIMBERLEY

5. In 2010 the Roving Race was held in the Kimberley in Australia with 198 competitors participating from 35 countries. The 2010 footrace was funded by RacingThePlanet (which charges entry fees to competitors).

6. In February 2009 staff from RacingThePlanet met with staff from the Western Australian Tourism Commission, a body corporate under the Western Australian Tourism Commission Act 1983 (WA) trading as Tourism Western Australia through its division known as Eventscorp, to

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discuss RacingThePlanet holding a footrace in the Kimberley area. During this meeting RacingThePlanet and Eventscorp staff flew over areas of the Kimberley in a helicopter (provided by Eventscorp) for the purpose of examining the landscape to determine whether it would be a suitable area with adequate infrastructure for RacingThePlanet to hold a footrace. Apart from local expenses on this first reconnaissance visit, Eventscorp provided no funding for the 2010 footrace in the Kimberley.

7. In addition to this meeting with staff from Eventscorp, staff from RacingThePlanet made several trips to the Kimberley area in 2009 and 2010 to assess the risks involved in organising a footrace there. The risks identified included rugged terrain, lack of mobile phone coverage outside of Kununurra, snakes, limited vehicle access to certain areas, crocodiles, other wildlife and dehydration. Other challenges included the limited availability of local residents to assist with organising the footrace, the difficulty associated with importing freeze dried food to Australia and the prospect of abrasions from, and allergic reactions to, local flora including Spinifex.

8. RacingThePlanet and Carlos Garcia Prieto, the Course Director engaged by RacingThePlanet for the 2010 footrace, were assisted in setting the course, preparing for the footrace and throughout the footrace by 2 Kimberley residents, Mr John Storey and Ms Jay Clifford, each of whom was recommended to RacingThePlanet by staff from Eventscorp. Mr Storey, a Kimberley farmer, assisted as a volunteer. Ms Clifford was engaged by RacingThePlanet as a local familiarisation and event manager to (amongst other things) assist the Course Director and staff from RacingThePlanet in establishing the course and other support necessary to successfully stage the footrace.

9. RacingThePlanet also sought and obtained an assessment of medical facilities close to the course from a consulting company operating globally that provides professional advice on safety, medical facilities and security risks for particular locations. This company advised RacingThePlanet on accessing medical treatment in the Kimberley, transportation for medical treatment and medical evacuation procedures.

10. RacingThePlanet arranged to use a combination of four wheel drive vehicles, quad bikes and a helicopter in the event that an evacuation was required during the 2010 footrace.

11. Prior to the 2010 footrace, RacingThePlanet notified and/or sought consent to conduct the footrace from the following:

(a) occupiers of land over which the footrace course was to go including Ivanhoe Station, Doon Doon land and El Questro Wilderness Park;

(b) traditional owners (who performed a "Welcome to Country" for the competitors);

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(d) the Western Australian Tourism Commission;

(e) the Kununurra Hospital;

(f) the Kununurra Visitor Centre;

(g) Australian Quarantine and Inspection Service (for importing supplies of freeze-dried food); and

(h) The Australian Consul-General in Hong Kong (who held a send-off party for competitors from Hong Kong at his home).

12. RacingThePlanet brought a medical team to the Kimberley to provide medical assistance throughout the 2010 footrace. The medical team consisted of a Medical Director who is a doctor practicing in the United States of America and a specialist in sports medicine and rehabilitation, 4 other doctors who are specialists in sports and emergency medicine, and a registered nurse who specialises in cardiac nursing from the United States of America. An Australian doctor from Western Australia had also planned on being a part of the medical team but became unavailable shortly before the race. The Medical Director was paid a fee and the remainder of the medical team were volunteers who had their airfares provided by RacingThePlanet.

13. In addition to the Course Director, Mr Storey, Ms Clifford and the medical team, RacingThePlanet had present and attending the 2010 footrace:

(a) 7 of its own staff organising the footrace; and

(b) 29 volunteers from Australia and other countries including the United Kingdom, Germany, Spain, Korea, Singapore and the United States of America.

14. Each RacingThePlanet footrace is comprised of stages. Between each stage is a checkpoint. A Checkpoint Captain was appointed to administer each checkpoint. Each Checkpoint Captain was either a member of RacingThePlanet staff or a medical team member. Each Checkpoint Captain's duties included managing any crisis situation at a checkpoint, recording and ensuring the safe passage of competitors and to hold any competitor at a checkpoint if it was unsafe for the competitor to continue. Each checkpoint was staffed, including by a Checkpoint Captain, at least from the commencement of the footrace in the morning. The earlier checkpoints in the footrace were staffed for several hours prior to footrace commencement.

15. The volunteers, supervised by a Checkpoint Captain, occupied checkpoints on the footrace course, recorded the passage of competitors through the checkpoints and provided water and other assistance as

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required by the competitors at the checkpoints. In addition, the volunteers performed the role of "sweepers". Sweepers leave a checkpoint in pairs after the last competitor passes through that checkpoint and follow that competitor to the next checkpoint, picking up course markers and litter along the way, and ensuring that no competitors are left behind at the end of the footrace. During this process sweepers maintained communications with competitors, staff and other volunteers using 2 way VHF hand-held radios, satellite phones and mobile phones (for communications closer to Kununurra). The volunteers were provided with radio communication equipment, course details and at least a full day of training prior to the race. Volunteers, including the medical team, executed a waiver of claims to intellectual property, use of likeness and any other claim. Part of the course for the 2010 footrace passed through the Cockburn Range on the El Questro Wilderness Park. The El Questro Wilderness Park provided staff members who were positioned at several locations on the course in the Cockburn Range in the El Questro Wilderness Park.

16. The 2010 footrace was approximately 250 kilometres over 6 stages including the El Questro Wilderness Park.

17. The 2010 footrace was conducted over 7 days in hot and dry conditions with 117 competitors successfully completing the footrace.

18. A number of competitors encountered medical symptoms including blisters, cuts, exhaustion and dehydration. Such symptoms are common to endurance footraces. RacingThePlanet planned for and ensured that the necessary medical assistance was available to competitors to treat these conditions. RacingThePlanet staff brought at least 32 litres of intravenous fluid kits with them to the 2010 Kimberley footrace (which was double the amount used by any RacingThePlanet medical team for any previous footrace).

19. Blisters, cuts and bruises were treated by the medical team positioned on the course. Dehydrated competitors were treated with fluids including intravenous fluids. One Japanese competitor slipped and suffered a cut to his head during the race. He was taken to Kununurra Hospital and later discharged (after having his wound treated). He sought to re-join the footrace but RacingThePlanet declined to allow him to do so. Approximately three competitors also developed (and reported to RacingThePlanet) a rash. Staff from Kununurra Hospital could not identify the cause of the rash. Mr Storey identified the rash as caused by Caustic Grevillea. The rash was successfully treated by washing the affected area with soap for 2 to 3 days. There were no other significant injuries or medical conditions reported to RacingThePlanet staff, management or contractors. Additional intravenous fluids were obtained by RacingThePlanet from the Kununurra Hospital and returned because they were not required. Competitors became dehydrated principally on

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the first day. It is common in endurance footraces that most medical problems occur on the first day when competitors are often dehydrated and tired from long flights.

20. RacingThePlanet engaged Heliwork, an aviation services business based in Kununurra (after meeting with its staff and inspecting its fleet of helicopters), to drop supplies by helicopter into one of the gorges in the Cockburn Range in the El Questro Wilderness Park where a campsite was setup for one of the stages. Heliwork was also engaged to make a helicopter available in the event that competitors required evacuation. A second helicopter was made available on call to RacingThePlanet by El Questro Wilderness Park.

21. After the 2010 footrace RacingThePlanet made a donation to the Royal Flying Doctors Service. Before the footrace RacingThePlanet representatives spent a day at the Dawul School (an Aboriginal school in the Kimberley), and gave a presentation to students on endurance footracing, including communications equipment used by RacingThePlanet, and provided them with running shoes as gifts. Some students attended the start and finish lines and ran a short section of the first part of the footrace.

22. In addition to the 198 competitors, a number of visitors, journalists and camera crews also attended the footrace. Persons who were not competitors, officials, volunteers or media representatives were requested by RacingThePlanet to stay at the start or finish lines and to not go onto the footrace course during the footrace. Spectators did not execute a waiver of claims to intellectual property, use of likeness or any other claim.

THE CONCEPTION OF THE 2011 KIMBERLEY RACE

23. In 2010 RacingThePlanet conducted a 100 kilometre footrace in the Taklamakan Desert in China. Based on the success of this footrace and the 2010 Kimberley footrace, RacingThePlanet decided in January 2011 to hold a 100 kilometre footrace in the Kimberley in 2011. RacingThePlanet planned to establish the 100 kilometre footrace in the Kimberley as an annual race.

24. Following the 2010 footrace, El Questro wrote to RacingThePlanet on 10 May 2010 encouraging it to conduct a 100 kilometre footrace in the Kimberley on an annual basis.

25. On 17 May 2010 the manager of El Questro Wilderness Park suggested that RacingThePlanet hold the footrace in September for reasons of accommodation availability and because the weather would be milder.

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SPONSORSHIP ARRANGEMENT WITH TOURISM WA

26. RacingThePlanet entered into an arrangement with Eventscorp under which Eventscorp undertook to sponsor the 2011 Kimberley footrace and RacingThePlanet undertook that Eventscorp could film the footrace for the purpose of promoting the Kimberley.

27. Staff from Eventscorp attended the footrace course during the 2011 Kimberley footrace together with journalists and a camera crew from Beyond Television Productions (a film production company engaged by Eventscorp) and a helicopter from Heliwork provided by Eventscorp for the film crew. Prior to the race, RacingThePlanet staff provided the course map and checkpoint locations, and a list of telephone numbers to staff from Eventscorp, Beyond Television Productions and Heliwork and informed them of evacuation plans in the case of an emergency, including the planned use of the Heliwork helicopter if necessary, and of the medical team that would be on the course during the footrace in the event they, or anyone else on the course, required assistance.

28. Two days after the 2011 Kimberley footrace RacingThePlanet wrote to Eventscorp declining any money under the sponsorship arrangement (and thus did not receive any money from Eventscorp) and requesting that the money be applied instead to fire risk education in the Kimberley.

COURSE PREPARATION PRIOR TO THE 2011 KIMBERLEY FOOTRACE

29. On 26 January 2011 RacingThePlanet wrote to Dr Andrew Robertson, the Director Disaster Management, Regulation and Planning at the Western Australian Department of Health, advising that RacingThePlanet intended to stage a 100 kilometre footrace in the Kimberley in September 2011 and requesting advice as to any medical preparations needed to conduct the race. Dr Robertson advised RacingThePlanet about the process for applying for a 'special event exemption' under the Health Professionals (Special Events Exemption) Act 2000 (WA) for members of its medical team (which RacingThePlanet applied for and was granted as set out in greater detail below).

30. The Course Director and the Medical Director for the 2010 footrace were appointed by RacingThePlanet (to those roles) for the 2011 Kimberley footrace.

31. In February 2011 the Course Director went to the Kimberley for 5 days to plan the course, logistics and the safety procedures for the 2011 footrace. The Course Director returned to the Kimberley on 25 August 2011 and made final preparations for the footrace from that day up until the day of the footrace on 2 September 2011.

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32. Arrangements and responsibilities of volunteers and arrangements for checkpoints for the 2011 footrace were the same as those described for the 2010 footrace.

33. RacingThePlanet worked with Mr Storey (who had assisted with the 2010 footrace) prior to and during the 2011 footrace. In addition to RacingThePlanet staff, 14 volunteers registered with RacingThePlanet and assisted with the 2011 footrace, including 5 Kimberley residents.

34. The 2011 Kimberley footrace course was shorter, but drawn substantially from, the 2010 course. In particular, the route through the Tier Gorge was the same route that was used in the 2010 footrace (but in reverse). The course of the 2011 footrace and the course of the 2010 footrace in that area are shown on the attached map marked "Kimberley 2011 footrace location". Each of the checkpoints on the map are marked "CP" followed by its corresponding checkpoint number.

35. The 2011 course was designed to ensure that no participants would be in any off-road section after dark. Over 90 per cent of the course was accessible for four wheel drive vehicles, with most of the course on roads or four wheel drive dirt tracks.

36. Staffing for the 2011 footrace included:

(a) the Course Director;

(b) the RacingThePlanet events team which comprised of 3 people in Australia plus one at RacingThePlanet's office in Hong Kong (which operated as an additional point of contact during the 2011 footrace);

(d) a medical team comprising the Medical Director who was also a medical doctor and 3 other medical doctors.

37. All of RacingThePlanet's staff, volunteers, medical team and Course Director for the 2011 footrace were fluent English speakers.

38. Each of RacingThePlanet's staff was a resident of Hong Kong, engaged in Hong Kong.

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RISK MANAGEMENT PLAN

39. When RacingThePlanet decided to organise the footrace in January 2011 it commenced formulating a risk management plan for the 2011 footrace. As is the case in all its footraces, RacingThePlanet's risk management plan was formulated and then continuously reviewed and updated prior to its implementation during the footrace. That plan included:

(a) an overview of the official competitors, volunteers, staff and media who would be on the course during the race;

(b) a list of roles and responsibilities allocated to RacingThePlanet staff, volunteers and medical team members including start and finish line set up, media management, scoring, volunteer training, course and local management and vehicle management;

(i) of action items prior to the footrace;

(ii) for the Course Director;

(iii) for the Medical Director;

(iv) of footrace management and emergency procedures;

(d) a contact list of all key RacingThePlanet management personnel with their contact numbers;

(e) the volunteer training schedule and list of items needed for volunteers;

(f) list of equipment for checkpoint vehicles;

(g) list of tasks and roles for volunteers including:

(i) at the checkpoints – recording times, distributing water, monitoring competitors' appearance at checkpoints, maintaining communications with competitors, staff and other volunteers;

(ii) as sweepers;

(iii) at the start and finish line – to help set up and take down start and finish line, keep area tidy, help serve fluids and food;

(iv) assisting with competitor registration, loading checkpoint vehicles, assisting with scorekeeping and maintaining water access points for competitors;

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(h) a schedule, list of roles and items for competitor check in and registration;

(i) competitor briefing topics including:

(i) introduction to management and medical teams;

(ii) course marking;

(iii) water allocation and hydration;

(iv) buddy system; and

(v) mandatory stops;

(j) medical briefing topics including:

(i) safety first;

(ii) hydration; and

(iii) helping other competitors;

(k) inventory of equipment brought to the Kimberley for the race;

(l) vehicle set up, safety checklist and allocation to staff and volunteers;

(m) water distribution for each competitor, volunteer and staff member at each checkpoint;

(n) plans for each checkpoint including the staff and volunteers to be positioned at each checkpoint, allocation of tasks to persons at each checkpoint, vehicles to be allocated to each checkpoint, equipment and tent to be set up at each checkpoint, power supply at each checkpoint and communications equipment at each checkpoint;

(o) plans for the start and finish lines of the footrace;

(p) a communication plan including that:

(i) satellite phones were designated as the primary means of communication;

(ii) radio was designated as the short-distance means of communication; and

(iii) Nokia or Blackberry calling and email was designated as a third means of communication for communication around Kununurra;

(q) instructions for using satellite phones;

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(r) a course map and course assessment including:

(i) locations of and accessibility to each section of the course for competitors, staff, volunteers and vehicles;

(ii) description, elevation and rating of the terrain for each section of the course;

(iii) driving instructions for each section (including driving time to hospital) which noted that 2 small sections of the course amounting to approximately 3 kilometres of the 100 kilometre footrace course was not accessible by vehicle;

(iv) a list of communication equipment required to be available at each section;

(v) evacuation method for each section; and

(vi) GPS coordinates for each section;

(s) checkpoint instructions;

(t) environmental guidelines;

(u) a code of conduct for staff and volunteers including RacingThePlanet staff’s first priority is to attend to the needs of the competitors;

(v) a medical contingency plan setting out contact details for emergency services, the location of hospitals in Kununurra and Wyndham and an evacuation plan including the use of air ambulance or Royal Flying Doctor Service to evacuate to Darwin;

(w) protocols for dealing with situations that may be encountered by staff and volunteers including what to do in the event of:

(i) missing markers;

(ii) competitors running out of water on the course;

(iii) there not being enough water at a checkpoint;

(iv) a competitor requesting more water than standard allowance;

(v) a competitor reporting that someone on course appears to need help or medical help;

(vi) a competitor reporting that someone is unconscious on the course;

(vii) records not reconciling when the last competitor passes through the checkpoint;

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(viii) a competitor wanting to withdraw;

(ix) sweepers being too distant from last competitors;

(x) more shade being needed at a checkpoint;

(xi) competitors reporting that a leg between checkpoints is more (or less) distance than stated on the course notes;

(xii) weather that may be encountered on the course (such as high wind at a checkpoint, lightning strikes or dust storms);

(xiii) low or dead battery in a communication device;

(xiv) dangerous wildlife on or near the course;

(xv) a checkpoint vehicle breakdown;

(xvi) snakebite;

(xvii) sweeper(s) becoming tired or ill;

(xviii) reports of breaking the rules and regulations;

(xix) reports of other obstacles on the course requiring assessment of the severity of the situation, use of communication equipment to contact a member of the course team and actions if communications are not available; and

(xx) reports of interference with competitors on the course;

(x) a contact list including the contact details of the:

(i) satellite, Blackberry and Nokia phones at each checkpoint;

(ii) hand held radios directed to use VHF channel 1;

(iii) car radios directed to use UHF channel 40;

(iv) phone contacts for staff, checkpoints, Kununurra hospital, emergency services, Kununurra Police, El Questro, Kimberley Grande, Heliwork and Mr Storey; and

(y) an organisational chart of RacingThePlanet staff, volunteers, Eventscorp and Beyond Television Productions.

40. The checklist of items to action prior to the 2011 footrace in the race management plan included:

(a) an agenda for the 7 days leading up to the footrace and the first day of the footrace;

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(b) advising relevant local authorities and land owners as set out in paragraphs 54 and 55 below;

(d) confirming bus transportation from the Kimberley Grande Hotel to the start line;

(e) recruiting local volunteers;

(f) collecting the intravenous fluids which had been ordered from a Kununurra pharmacy;

(g) visiting the Kununurra Hospital to meet with and inform staff about the footrace and discuss planning for any medical issues;

(h) preparing four wheel drive vehicles with water and equipment;

(i) organising the competitor briefings;

(j) organising where the finish line would be in Kununurra with the Shire of Wyndham/East Kimberley;

(k) testing equipment such as satellite phones, radios, Blackberry and Nokia phones, other communications equipment, generators and flood lights;

(l) assessing accessibility by vehicles to all parts of the footrace course; and

(m) assessing the communications coverage at different points on the footrace course.

41. The checklist for the Course Director in the risk management plan included:

(a) planning the course;

(b) arranging a four wheel drive vehicle for the Course Director;

(d) arranging for distribution of communications equipment among the course team (comprising the Course Director and two others who assisted the Course Director);

(e) marking the course (with assistance from other members of the course team) with pink ribbon markers every 25 metres, glow sticks for the night sections and RacingThePlanet flags half way between each checkpoint; and

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(f) drafting course notes and a map to provide to competitors.

42. The checklist for the Medical Director in the risk management plan included:

(a) visiting Kununurra Hospital;

(b) providing observations on the management and risk assessment plan from a medical perspective;

(d) reviewing competitor medical forms and identifying any competitors with concerning medical conditions for possible exclusion;

(e) reviewing emergency procedures;

(f) arranging medical equipment;

(g) formulating a hospital transport plan for emergencies;

(h) identification of, and obtaining of, medications;

(i) reviewing the schedule for medical and volunteer team training;

(j) preparing medical briefing topics; and

(k) reviewing checkpoint plan and medical team locations (including medical briefings to competitors).

43. The footrace management and emergency procedures in the risk management plan included checklists for:

(a) before the footrace;

(b) before leaving for the checkpoint;

(d) when competitors first arrive at the checkpoint;

(e) main roles at the checkpoint;

(f) primary times to communicate (including when a checkpoint is set up and upon the occurrence of significant events);

(g) what to do if an out-of-the-ordinary situation occurs including remain calm, ascertain precisely what occurred, assess the situation, make a decision and follow the instructions of management; and

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(h) general rules including that communication devices should be on at all times.

MEDICAL

44. RacingThePlanet had a medical team on site for the 2011 footrace comprised of a Medical Director (who is a medical doctor specialising in sports medicine and rehabilitation) and 3 other doctors (specialising in sports and emergency medicine) including a doctor based in Townsville, Queensland, who was trained in helicopter rescue. All members of the medical team had been on medical teams at previous RacingThePlanet footraces. The Medical Director had been on medical teams at endurance footraces with staff of RacingThePlanet since 2005, including as Medical Director for the Kimberley 2010 footrace. The Medical Director was paid a fee and the remainder of the medical team were volunteers who had their airfares provided by RacingThePlanet.

45. The Western Australia Department of Health provided a 'special event exemption' permitting the 4 doctors qualified and entitled to practice the right to practise medicine during the 2011 footrace under the Health Professionals (Special Events Exemption) Act 2000 (WA).

46. On or about 31 August 2011 the Medical Director and a member of staff from RacingThePlanet met with medical staff at the Kununurra Hospital. During that meeting the matters that were discussed included:

(a) the conduct of the footrace;

(b) possible medical risks associated with the footrace. The staff from Kununurra Hospital did not raise any concern about risk of injury from fire although the possibility of smoke inhalation was discussed;

(d) evacuation procedures for the footrace including locations where an ambulance would meet RacingThePlanet staff near the footrace course in the event that an ambulance was called.

47. With 40 competitors in the footrace, RacingThePlanet had a medical doctor for each 10 competitors.

48. Each doctor on the medical team was required to carry with him or her a medical bag containing relevant medications and equipment based on their experience from previous races.

49. As with the 2010 footrace, RacingThePlanet engaged a consulting company operating globally that provides professional advice on safety, medical facilities and security risks for particular locations to provide

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advice on transportation in the event of medical situations, evacuation and accessing medical treatment in the Kimberley.

COMMUNICATIONS

50. The RacingThePlanet Team had the following communications equipment:

(a) satellite phones including phones with remote broadband internet access to be used as the primary means of communication on the course, for long distance communication and emergency calls;

(b) hand-held and vehicle based VHF and UHF radios for communication around checkpoints; and

51. RacingThePlanet had backup power supplies for all communications equipment. All communications equipment was tested prior to the 2011 footrace and was in working order.

52. Staff and Checkpoint Captains were trained in using the communications equipment and provided with protocols in the event management plan which included the telephone numbers of each of the satellite, Nokia and Blackberry phones and radio channels. The satellite phones were to be used (and were used) to make emergency calls during the footrace.

EVACUATION PROCEDURES

53. Over 90 per cent of the course was accessible for four wheel drive vehicles and there were 8 four wheel drive vehicles rented and controlled by RacingThePlanet on the course. There were an additional 4 vehicles on the course being used by Eventscorp and the media crew from Beyond Television Productions. Eventscorp chartered a helicopter from Heliwork to provide transport for the media team. RacingThePlanet arranged with Heliwork and Eventscorp prior to the footrace that the helicopter would be designated as the first responder in the event that a four wheel drive vehicle could not be used for an evacuation. Kununurra Hospital, the Royal Flying Doctors’ Service and the Manager of the State Ambulance Service had been advised about the event prior to the footrace.

CONSENTS, APPROVALS AND NOTIFICATIONS FOR THE 2011 KIMBERLEY RACE

54. In advance of the 2011 footrace RacingThePlanet sought consent to conduct the 2011 footrace from:

(a) the occupiers of the land through which the course for the 2011 Kimberley footrace went including the Shire of Wyndham/East

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Kimberley, El Questro Wilderness Park, Salerno, Ivanhoe Station and Doon Doon land; and

(b) traditional owners.

55. In advance of the race, RacingThePlanet notified governmental authorities of the conduct of the 2011 footrace including:

(a) the Western Australia Department of Environment and Conservation ("DEC") in Kununurra;

(b) the Western Australia Police in Kununurra who were provided details about the footrace including start time and place, finish time and place, and the location of the footrace course;

(c) the Western Australia Police in Perth (who gave permission to RacingThePlanet to cross the Kununurra Bridge during the footrace);

(d) the Kununurra Hospital;

(e) the Shire of Wyndham/East Kimberley. Permission also was sought and provided by the Shire for RacingThePlanet to use the Celebrity Tree Park in Kununurra as the finish line for the footrace;

(f) the Kununurra Visitor Centre;

(g) the Fire and Emergency Services Authority Western Australia ("FESA") in Kununurra (via the Kununurra Visitor Centre);

(h) Eventscorp;

(i) the Western Australia Department of Health which provided a 'special event exemption' giving formal permission to the 3 doctors from the United States of America and one from Canada to practise medicine during the 2011 footrace. The Department of Health notified a number of people in their department, the Royal Flying Doctor Service and the Manager of the State Ambulance Service about the 2011 footrace; and

(j) the Western Australia Department of Indigenous Affairs.

56. RacingThePlanet had conducted the 2010 Kimberley footrace (over a longer course than the 2011 Kimberley footrace) without significant incident other than one Japanese competitor suffering a cut. RacingThePlanet is aware that other foot and bicycle races are conducted in the Kimberley including:

(a) the Lake Argyle Adventure Race held most recently on 26 September 2010 and 2 October 2011 (organised by a police officer and sponsored by the Western Australian Government) which 18 SUBJECT TO PARLIAMENTARY PRIVILEGE

is an 82 kilometre race that includes mountain biking, cross-country running, long distance swimming and kayaking;

(b) the annual Gibb River Challenge, a 5 day 740 kilometre mountain biking race along the Gibb River Road held most recently commencing on 21 October 2011; and

(c) the "ElQ Enduro" which is a 5 day, multi-stage mountain bike race set within El Questro Wilderness Park held most recently commencing on 26 September 2010.

57. The Course Director and 2 members of staff from RacingThePlanet met with Mr Michael Bass, the Wilderness Park Manager of El Questro, on one of the days immediately prior to the footrace to discuss the course of the footrace passing through El Questro land. During this meeting the staff from RacingThePlanet said to Mr Bass that they had seen some grass fires. Mr Bass said that grass fires burn from time to time in the region. He identified the heavy traffic on the road to El Questro as a possible risk to competitors.

58. On 2 September 2011, the morning of the race, the competitors were driven in a bus (engaged by RacingThePlanet) from the Kimberley Grande Hotel in Kununurra to the start line at Emma Gorge by Mr Keith Wright, a member of the Shire of Wyndham-East Kimberley council. While driving to the start line the bus passed several small grass fire on the side of the road. Mr Wright stated over the bus public address system that such fires were a regular occurrence.

VOLUNTEER BRIEFINGS

59. Volunteers were given a briefing on 1 September 2011 by RacingThePlanet staff as to:

(a) checkpoint training including checkpoint plans, instructions on how to run a checkpoint efficiently, the role of the Checkpoint Captain and the role of the medical staff at checkpoints;

(b) course maps;

(d) instructions to maintain competitor relations including emphasis on competitor safety and comfort;

(e) training to check competitors' equipment and rules and procedures regarding mandatory equipment;

(f) rules and regulations of the footrace;

19 SUBJECT TO PARLIAMENTARY PRIVILEGE

(g) environment guidelines including picking up course markers and any litter;

(h) emergency guidelines and protocols which stipulated that in the event of an emergency, volunteers were to contact and communicate specific information about the emergency including GPS location and time they found the competitor to, in order of priority:

(i) a member of the medical team;

(ii) a person from RacingThePlanet management;

(iii) another person who can pass on the message;

(i) steps if a competitor is ill, dehydrated or missing; and

(j) safety and communications procedures which included practical communications and equipment training with satellite phone, radio, blackberry and Nokia phones.

60. Media representatives who attended the 2011 footrace were given a briefing by RacingThePlanet staff on 1 September 2011 about the rules for the race, the basic equipment they needed and how to obtain more water. Media representatives were also told that RacingThePlanet could take over the helicopter if there was an emergency.

COMPETITOR COMMUNICATIONS

61. Competitors were provided a welcome letter from RacingThePlanet in advance of the 2011 footrace setting out:

(a) the management team for the footrace including their roles;

(b) the course;

(d) cut-off times for the race;

(e) the 50 kilometre distance point (there was the opportunity for competitors to finish the footrace at the 50 kilometre distance point instead of completing 100 kilometres);

(f) rules including mandatory food, drink, clothing and equipment;

(g) timing including the requirement that competitors swipe their time card at the beginning and end of each day to record their times;

(h) water allocation including that competitors must have a hydration system that has a carrying capacity of 3 litres;

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(i) safety requirements including cut off times and mandatory stops;

(j) toilet locations; and

(k) start of the footrace location and time.

62. Competitors in the 2011 Kimberley footrace were required to comply with certain rules and regulations. RacingThePlanet required competitors, including its CEO who was a registered competitor, to sign and comply with:

(a) an event registration form;

(b) medical forms including a medical certificate signed by a doctor and emergency contact details;

(d) an assumption of risk and waiver and release of liability; and

(e) certain rules and regulations.

63. RacingThePlanet required competitors to have their own medical insurance and to provide RacingThePlanet details of their insurer. In order to be eligible to compete, RacingThePlanet required competitors to complete a medical form and a medical certificate (which must be signed by a doctor). These medical forms were reviewed by the Medical Director to ensure that each competitor was of adequate health and fitness to compete and did not report any medical conditions that would be difficult to manage on the course. At the time of registration, the footrace competitors were also required to declare this medical information and sign the medical form in the presence of a member of the RacingThePlanet medical team. In the 2011 Kimberley footrace all competitors signed the required forms and documents and no competitor was excluded on the basis of ill health.

64. The competitors in the 2011 footrace were given an initial briefing by RacingThePlanet staff at approximately 8.15 pm on 1 September 2011 (the night before the footrace). The contents of the initial briefing included:

(a) introductions of the management team and their roles;

(b) course markings which were flags, pink tape and glow sticks located every 25-100 meters on the course;

(c) key rules for the footrace including mandatory food, drink, equipment and clothing list (including that competitors were

21 SUBJECT TO PARLIAMENTARY PRIVILEGE

required to wear their identifying bib at all times and a red flashing light if on the course at night);

(d) timing of the footrace including that competitors must "swipe" and "check off" when they get to the last checkpoint of the day and "swipe" at the beginning of the day to record when each competitor began and finished each stage;

(e) water and maintaining hydration during the footrace, including specifications about the allocated amount of water and how to obtain more water;

(f) the "safety first" principle (that for RacingThePlanet and for each competitor safety should be the first consideration), that RacingThePlanet encourages competitors to run with a buddy or buddies, mandatory stops, cut off times, making contact in an emergency and responding to a supine competitor; and

(g) the footrace course details, including the distances between checkpoints.

65. Competitors were required to have all the mandatory equipment for safety as listed on a 16 page equipment list.

66. Competitors were also given a medical briefing by the Medical Director on 1 September 2011 in relation to:

(a) safety as the first priority during the footrace;

(b) medical care including intravenous hydration and the necessity to speak to a doctor at a checkpoint if competitors had any health concerns;

(d) medication available from doctors on the course, particularly anti- inflammatory medication;

(e) hygiene including sanitation, hand washing and toilet protocol;

(f) recommendations on how to stay hydrated (drinking a combination of water and electrolytes), signs of dehydration and how a competitor should combat dehydration;

(g) appropriate ways for competitors to protect themselves from the sun and the heat including wearing sunscreen, a hat and keeping hydrated;

(h) animal bites/stings and advice to be cautious of animals;

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(i) allergic reactions including instructions that competitors should contact one of the doctors at the checkpoint as soon as possible if they had a reaction;

(j) foot infections and competitor management of minor foot conditions with their blister kit and to consult a checkpoint doctor if a competitor observed signs of foot infection;

(k) how to avoid smoke inhalation including by using buffs, clothing or material carried by competitors to cover their faces, and consulting a doctor at the nearest checkpoint if affected by smoke, because some small spot fires had been identified in the region in recent days;

(l) helping other competitors; and

(m) post treatment and post-race advice (including how to deal with blisters, wounds, swelling and nutrition).

67. A further briefing was given to competitors on 2 September 2011 by RacingThePlanet staff and Mr Storey before the footrace started. The briefing restated key points from the briefing the night before including safety, hydration and cut-off times. Competitors were advised:

(a) the last time by which competitors would be permitted to depart from checkpoint 2;

(b) that RacingThePlanet would not allow competitors to traverse between checkpoint 2 and checkpoint 3 (which included the Tier Gorge) after dark; and

(c) that some spot fires had been identified in the region in recent days and that competitors should avoid any smoke inhalation by following the steps referred to in the medical briefing.

RACINGTHEPLANET COURSE REVIEW

68. RacingThePlanet staff monitored the areas on and around the course of the 2011 Kimberley footrace in the days leading up to the footrace on 2 September 2011.

69. On 30 August 2011 RacingThePlanet staff saw smoke to the south east of the Tier Range at the point on the attached map marked "Smoke observed 30 August".

70. On 30 August 2011 the Course Director had marked the area of the course between the Barrels (an area where there are a number of abandoned 44 gallon barrels between checkpoint 2 and checkpoint 3) and checkpoint 3 with pink ribbons with the assistance of a member of staff from RacingThePlanet. On 31 August 2011 a member of the course team

23 SUBJECT TO PARLIAMENTARY PRIVILEGE

noted some of the ribbons marking the footrace course in that part of the course had been burnt by a small, patchy and low intensity spot fire which he observed next to the dirt road between the Barrels and checkpoint 3. The fire had burnt approximately 3-4 ribbons on this section of the course at sporadic non-consecutive intervals, so he replaced those ribbons at the point on the attached map marked "31 August, 3-4 flags replaced". The ribbons were otherwise intact. On 31 August 2011 the Course Director and members of the course team did not see smoke or fire on the eastern side of the Tier Range.

71. On 1 September 2011 the Course Director travelled along the Gibb River Road and passed the Tier Range. He saw no smoke or fire on or near the Tier Range. The Course Director and other staff from RacingThePlanet saw a small grass spot fire on the south western side of the Gibb River Road near the turn off on the Gibb River Road to checkpoint 2 (when driving from checkpoint 1) at the point on the attached map marked "Fire observed 1 & 2 September". The Course Director saw some ribbons marking the footrace course in that area had been burnt at sporadic non- consecutive intervals, it appeared by the patchy and low intensity spot fire which he observed. He replaced approximately 10-12 ribbons in the 11.5 kilometres between checkpoints 1 and 2. The other ribbons remained unaffected.

72. On 2 September 2011 the Course Director was driven along the Great Northern Highway and the Gibb River Road from checkpoint 3 to checkpoint 2, during which time, he did not see smoke or fire in or around the Tier Range.

73. By 2 September 2011 the area where the small, patchy and low intensity grass fire had been observed on 31 August 2011 next to the dirt road between the Barrels and checkpoint 3 (at the point on the attached map marked "31 August, 3-4 flags replaced") did not show any signs of fire or smoke.

74. By 2 September 2011 the spot fire next to the Gibb River Road near checkpoint 1 (at the point on the attached map marked "Fire observed 1 & 2 September" which was observed on 1 September 2011) had died down but some smoke and small, patchy, low intensity grass fire remained next to the road. That location appeared to the Course Director to pose no danger to the competitors because:

(a) the previous spot fire was unlikely to be able to cross the Gibb River Road (given the width of the road and the absence of any grass or other vegetation on the road); and

(b) the course was on the opposite side of the Gibb River Road to the smoke.

24 SUBJECT TO PARLIAMENTARY PRIVILEGE

75. This was the only fire (at the point on the attached map marked "Fire observed 1 & 2 September") of which the Course Director and staff from RacingThePlanet were aware of on or near the course for the footrace on the morning of 2 September 2011.

76. RacingThePlanet was not advised at any time that such spot fires (or grass fires) in the Kimberley posed a threat to competitors. The Course Director and staff from RacingThePlanet were told in the days leading up to the race by a number of local residents that grass fires which burn in the Kimberley region in the dry season are common, part of the landscape and present no risk to people.

THE RACE

77. At approximately 7 am on 2 September 2011, the morning of the footrace, Mr Storey radioed to the Course Director of the footrace from his gyrocopter. The message received by the Course Director was that there were no fires or smoke on or near the course apart from the fire that the Course Director was monitoring on the south western side of Gibb River Road near the turn off on the Gibb River Road to checkpoint 2 (when driving from checkpoint 1) at the point on the attached map marked "Fire observed 1 & 2 September".

78. Competitors left the hotel in Kununurra by bus to the start line at Emma Gorge on the El Questro Wilderness Park at about 7 am. Mr Storey landed his gyrocopter at Emma Gorge and officially started the footrace at 8.30 am.

79. At about 11 am a message was radioed from Mr Storey (who had resumed flying over the course in his gyrocopter) to the pilot of the Heliwork helicopter who was also flying over the course. The Heliwork helicopter landed near checkpoint 2. An East Kimberley resident working with the media crew in the helicopter went to checkpoint 2 and gave a message to the Medical Director who was performing medical assessments on competitors as they passed through checkpoint 2. The message received by the Medical Director was that there was a fire coming towards checkpoint 2 and that it may be at checkpoint 2 in 2 hours. The media representative returned to the helicopter which took off and resumed flying over the course to continue filming.

80. Shortly after that departure, the Course Director arrived at checkpoint 2 having driven there from checkpoint 1. At checkpoint 2 the message from Mr Storey was conveyed to him by the Medical Director.

81. The Course Director understood the message to refer to the fire he had been monitoring throughout the morning which was near the Gibb River Road and checkpoint 1 at Emma Gorge at the point on the attached map marked "Fire observed 1 & 2 September". Shortly after receiving the message from the Medical Director, the Course Director drove to the

25 SUBJECT TO PARLIAMENTARY PRIVILEGE

location where he had been monitoring the fire near the Gibb River Road and checkpoint 1 at Emma Gorge at the point on the attached map marked "Fire observed 1 & 2 September". As only smoke could been seen, it appeared at that time to pose no danger to the footrace course or any competitors. At that time this was the only fire that the Course Director, Medical Director, or any member of RacingThePlanet staff was aware of on or near the footrace course area.

82. At that time none of the Course Director, Medical Director or any member of staff from RacingThePlanet was aware of any fire coming from the area in or around the Tier Range.

83. During the 2011 Kimberley footrace a bush fire occurred on the Tier Range part of the footrace course area.

84. RacingThePlanet understands from information released by FESA and the DEC under the Freedom of Information Act 1992 (WA) that the fire started in the vicinity of Wuggubun Community (about 12.5 km to the southeast of the Tier Gorge, also known as Salerno Gorge, which was between checkpoint 2 and checkpoint 3) on 28 or 29 August 2011. RacingThePlanet was not aware of this fire prior to the commencement of the footrace and does not know how the fire started.

85. It was not until about 1 pm on 2 September 2011 that any of the Course Director, Medical Director or RacingThePlanet staff became aware of smoke near the northern part of the Tier Range.

86. Having observed smoke near the northern part of the Tier Range at or about 1 pm on 2 September 2011, the Course Director was concerned to check the course markers on this section of the course. The Course Director and a member of the course team travelled to checkpoint 2 and arranged for a local volunteer with a GPS to enter the course and to check the course markers between checkpoint 2 and the Barrels. The competitors who traversed between checkpoints 2 and 3 took between 2 ¾ and more than 3 ½ hours to do so.

87. When the volunteer was approaching the Tier Gorge, he met 2 competitors who told him not to descend into the gorge as there was a fire and competitors were affected.

88. RacingThePlanet only became aware that competitors were affected by fire in the Tier Gorge at about 2 pm when the two competitors and the volunteer returned to checkpoint 2 and notified the Medical Director at checkpoint 2 that there was a fire in the Tier Gorge.

89. As RacingThePlanet now knows, 5 competitors were injured by fire in the Tier Gorge section of the footrace course area, including the CEO of RacingThePlanet. RacingThePlanet understands that those injuries happened at a time or times between 1 pm and 2 pm. When

26 SUBJECT TO PARLIAMENTARY PRIVILEGE

RacingThePlanet staff became aware that competitors had been affected by a fire in the Tier Gorge they telephoned Emergency Services by dialling 000 on a satellite phone at approximately 2 pm. During the first call to Emergency Services the Medical Director informed Emergency Services of the fire, that people may have been injured by the fire and requested fire fighting and ambulance assistance. Emergency Services transferred the Medical Director to the fire department. The Medical Director informed the fire department of the fire and that people may have been injured. The fire department indicated to the Medical Director that the Medical Director would have to call Emergency Services to request an ambulance and provided a different telephone number. A member of RacingThePlanet staff called Emergency Services on 000 a second time, informed Emergency Services of the fire, its location and that people may have been injured by the fire and requested assistance. Emergency Services transferred the call to the police. Police services from Wyndham arrived much later, by which time the rescue operations were largely complete. Fire services were not dispatched by Emergency Services.

90. While waiting for the assistance of Emergency Services, RacingThePlanet:

(a) stopped further competitors proceeding beyond checkpoint 2 and met competitors returning to checkpoint 2;

(b) evacuated competitors at checkpoint 2 to the corner of the Gibb River Road and the Great Northern Highway;

(c) sent a vehicle with medical and other supplies to the access point near the Barrels and stopped competitors as they arrived at the Barrels;

(d) held competitors as they arrived at checkpoints 3, 4 and 5;

(e) ensured that competitors were provided with water and shade while making arrangements to transport them back to Kununurra; and

(f) identified 2 adults, a child and a dog swimming near a waterfall proximate to checkpoint 2 in the Tier Gorge, warned them that there was a fire in the area and requested that they leave the area with other competitors, staff and volunteers, which they did.

91. At approximately 2.30 pm staff from RacingThePlanet spoke to the pilot of the Heliwork helicopter (designated the first responder in case of emergency) which had landed at checkpoint 3. RacingThePlanet staff informed the helicopter pilot that there was a fire in the Tier Gorge between checkpoint 2 and the Barrels and that competitors may have been caught near the fire. The RacingThePlanet staff gave the pilot GPS co-ordinates and asked the pilot to fly over the area to assess the

27 SUBJECT TO PARLIAMENTARY PRIVILEGE

situation and get help for any injured competitors. The helicopter left checkpoint 3 shortly thereafter.

92. The helicopter flew over the Tier Gorge and saw a number of competitors, including on a ledge on a rocky, steep outcrop in the Tier Gorge. At approximately 3 pm, the helicopter pilot informed RacingThePlanet staff by radio that he could see 2 competitors who appeared to have worse injuries than other competitors in the area. The 2 seriously injured competitors on the ledge were covered with highly reflective emergency blankets which are mandatory for all competitors to carry. There were approximately 11 competitors in the area, including RacingThePlanet's CEO who was located on the footrace course in the valley of the gorge approximately 150 metres from the ledge where the 2 seriously injured competitors were located.

93. Having circled the area approximately 10 times, the helicopter pilot attempted to land the helicopter on the ledge several times without success. The helicopter pilot then radioed a RacingThePlanet staff member and told her that he had requested help from Kununurra and that he would return to checkpoint 3 to pick up a RacingThePlanet doctor. Having picked up the RacingThePlanet doctor at checkpoint 3, the helicopter pilot flew back to the ledge in the Tier Gorge where competitors were located. The helicopter pilot made several further attempts to land the helicopter but was unsuccessful because the ledge on which the 2 most seriously injured competitors were located was on a steep, rocky incline. As the helicopter was unable to land, at approximately 3.30pm the RacingThePlanet doctor jumped from the airborne helicopter to the ledge where the injured competitors were located.

94. The RacingThePlanet medical doctor was the first doctor at that location. The doctor administered medical treatment to the injured competitors on the ledge. There were approximately 6 competitors on or near the ledge in the Tier Gorge who were not injured. A number of those competitors, including 2 competitors who worked in emergency services for a large mining company in Western Australia, assisted the RacingThePlanet doctor in administering aid to the injured competitors on the ledge. Competitors created shade with emergency blankets and other items in their backpacks to protect the 2 seriously injured competitors from the sun.

95. The first helicopter then landed in the valley. At about the same time RacingThePlanet staff telephoned Heliwork and requested a second helicopter to evacuate the injured competitors (because the first helicopter had been unable to land on or near the ledge where the injured competitors were located) and was advised by Heliwork that arrangements had already been made for a second helicopter to be dispatched.

28 SUBJECT TO PARLIAMENTARY PRIVILEGE

96. At about 4.30 pm, a second Heliwork helicopter left Kununurra with a pilot (Paul Cripps) and a paramedic. The second helicopter flew to the Tier Gorge and, after one unsuccessful attempt, managed to partially land by placing one leg of the helicopter on the steep, rocky ledge. The 2 most seriously injured competitors walked to the second helicopter with assistance from competitors and medical staff, including the Medical Director (who was driven from checkpoint 2, to the Barrels, to the valley of the Tier Gorge by four wheel drive vehicle and then walked up the rocky slope to the ledge to assist the injured competitors). The 2 seriously injured competitors were flown to, and checked into, the Kununurra Hospital.

97. St John's Ambulance also had arrived in the valley of the Tier Gorge by vehicle shortly prior to the arrival of the second helicopter. The St John's Ambulance medics provided some additional assistance to the injured competitors on the ledge.

98. Three other injured competitors, including the CEO of RacingThePlanet, together with a staff member from Beyond Television Productions who was not injured, were taken from the gorge in the first helicopter (which was able to land on the footrace course on the valley floor of the Tier Gorge). These 3 injured competitors were flown to Heliwork in the first helicopter where they were met by an ambulance which transported them to Kununurra Hospital where they were admitted.

AFTER THE RACE

99. In the 2 days following the race, RacingThePlanet staff, its CEO and the Course Director were requested to, and did, provide information and statements to Kununurra Police and/or FESA. Having given statements on 3 September 2011 Kununurra Police and FESA confirmed that they no longer required the assistance of RacingThePlanet staff, its CEO and the Course Director to continue their investigations at that time. Only then did RacingThePlanet staff, its CEO and the Course Director leave Kununurra on 4 September 2011.

100. The CEO of RacingThePlanet, who participated as a registered competitor in the race, suffered second degree burns.

101. The Medical Director for the footrace remained in contact with the families of the injured competitors to the extent that they wished to correspond. The Medical Director retained the Blackberry that she had used during the footrace so that the families of injured competitors could maintain contact with her if they wished to do so. The CEO of RacingThePlanet wrote to the families of the injured competitors and offered to meet with them in Australia.

29 SUBJECT TO PARLIAMENTARY PRIVILEGE

102. In the week beginning 12 September 2011 the CEO of RacingThePlanet returned to Kununurra to personally thank those involved in the evacuation including:

(a) staff of Kununurra Hospital;

(b) the pilots from Heliwork;

(d) the Assistant Hotel Manager at the Kimberley Grande Hotel who assisted with post-race accommodation arrangements for all competitors following cancellation of the race;

(e) the Visitors Centre in Kununurra; and

(f) St John's Ambulance.

103. At all times RacingThePlanet has answered the questions put to it by Western Australian authorities. The CEO of RacingThePlanet has at all times to date been prepared to, and communicated her preparedness to arrange to, meet with the injured competitors and their families.

104. The CEO of RacingThePlanet met with:

(a) the Hon Michelle Roberts MLA in Midland on 24 February 2012 for one and a quarter hours;

(b) Mr Ian Sanderson, a relative of one of the injured competitors, in Hong Kong on 5 January 2012 for 2 and a quarter hours; and

105. RacingThePlanet makes this submission to the members of the Committee, at the written request of the Chair, in order to assist the consideration of the matters the subject of the Committee's terms of reference. RacingThePlanet's submission represents its best present understanding based on the discussions and communication had and records kept and obtained by it. The preparation of this submission has been dependent on the assistance, recollection and records of a number of competitors, volunteers, spectators, contractors and West Australian Government authorities for which RacingThePlanet is grateful. RacingThePlanet made a request for information under the Freedom of Information Act 1992 (WA) to the Western Australia Police on 24 October 2011. RacingThePlanet received a significant number of documents from the Western Australia Police on 3 April 2012, the day before the deadline for submissions to the Committee. RacingThePlanet has also not been able to obtain, nor been provided, the recollections or records of all the

30 SUBJECT TO PARLIAMENTARY PRIVILEGE

competitors in the 2011 Kimberley footrace, volunteers, spectators or West Australian Government authorities which it has requested.

4 APRIL 2012

31 54 54 ...... 53 • 53

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SCALE: 2010 Race Track Gibb River Road _ - -- Difficult vehicle access 0 1 2 3 4 5 km . Kimberley 2011 footrace location

Tla~~ .~~ Mary Gadams CEO of Racingthepianet Events Limited

Tla . Mary Gadams CEO of Racingthepianet Events Limited