Queensland Consolidated Acts

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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 305B

General principles

305B General principles

(1) A person does not breach a duty to take precautions against a risk of injury to a worker unless—
(a) the risk was foreseeable (that is, it is a risk of which the person knew or ought reasonably to have known); and
(b) the risk was not insignificant; and
(c) in the circumstances, a reasonable person in the position of the person would have taken the precautions.
(2) In deciding whether a reasonable person would have taken precautions against a risk of injury, the court is to consider the following (among other relevant things)—
(a) the probability that the injury would occur if care were not taken;
(b) the likely seriousness of the injury;
(c) the burden of taking precautions to avoid the risk of injury.



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