This has been a very interesting discussion. In my view I think it would be useful to focus on areas other than legal ones. However, some brief legal points. My background includes prosecuting, and I've had wins against ASX listed companies quite a few times.
Laws exist to define accepted behaviour and provide legal recourse - called remedies - if laws are broken. Laws can influence behaviour, such as seat belt laws. Standards are not laws but have the same effect, such as using a licensed electrician. The tort of negligence is murky for non-lawyers, with many precedents and qualifiers that make interpretation hard for lay people. Some legislation cited above seems not to exist.
For example, see this
https://www.cbp.com.au/insights/2013/ja ... 2002-%28ns This shows all the complexity of legislation and how hard they are to interpret. The link refers to "dangerous recreational activities". Bushwalking is potentially dangerous, but can be made safe. The climb up The Castle in Morton NP is potentially dangerous, but I'm a rock climber and effectively soloed the chimney. However, my group were not rock climbers, so I used a harness and a belay for all other people, making it safer.
Roger's sad tale of the abseiler who laid out the ropes staggered me. With beginners I'll check the abseil system several times, up to the moment the punter goes over the edge. If possible there will be a belay, or at the very least, one person on the bottom to pull the ropes tight and slow descent if necessary. There will be separate knots in the end of each half of the abseil rope. Then I'll check it all again, and check my setup several times before I go over. Xplora had a similar sad story about an injured person who was left while the group did a side-trip. Both involve negligence, and fail the reasonable person test, a long-established legal concept.
There are many ways that a good leader can minimise risk. It might be as simple as doing nothing in the Western Arthurs while a storm passed. It may be taking extra water as the campsite water is uncertain.
Many people have skills and experience similar to me, different places, different situations, perhaps with paying clients, SAR, with school groups, etc. Most experienced bushwalking leaders will adhere to standards, often unwritten. These are described in the OV effort - the 20% part - BMLC, club guidelines or requirements, or the like. These standards vary across time and space, so a Perth bushwalking club that does mainly day trips has different standards to a club that does harder walks, like the Victorian Mountain Tramping Club.
However, there are constants. Plan the walk. Plan for any probable emergency. As necessary, advise participants what to bring, what the walk is about. Keep the group together. Stop for breaks as needed. Keep a good pace. Have a contact. A PLB is not needed on a Great North Walk day trip but is advised when going to Federation.
So it seems to me that most of us have knowledge of standards and attempt to meet them.
The big problems with the OV words are that they are too cumbersome, 80% are not needed, they are to hard to meet, and simply do not work. This is perhaps due to a lack of meaningful consultation with peak bushwalking groups and interested people.
I have a 2010 Department of Sustainability and Environment report
Australian Walking Track Grading System. Page 9 says:
"Three and a half years of work, three major studies, 1898 consumer interviews and two years from the Technical Reference Group to get to where we are now."
So there was meaningful consultation over time to get what I believe is a pretty good result. In my view this sort of consultation will result in a much better standard.
I've read every post on this thread, and there's a massive amount of excellent advice, including those who oppose the OV standard. It's easy to see why. Most posters are passionate bushwalkers with a lot of experience. Such views require very serious consideration.
So maybe the focus should be on using these and other views from peak bodies to make our own standard, something workable, good for clubs, Meet-ups and the like. Something is needed that can cater for all situations, Perth day walks to VMTC. Instead of wailing about the OV words (justified, in my view) and discussing laws, why not a DIY approach, where experts such as those who posted above make a functional bushwalking standard?
This is the direction to get a better result.