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ARELJ Case Note - Health And Safety: Duties Of Persons Conducting A Business Or Undertaking

Sara Parker LLB
The author acknowledges the assistance of Melanie Jasper BA, LLB (Dist) for her assistance with this note.

The recent NSW District Court decision of Orr v Hunter Quarries Pty Limited examines the health and safety duties of persons conducting a business or undertaking, with a particular focus on the limits of such duties in circumstances where a risk is created by the unforeseeable behaviour of a worker. The decision highlights that, whilst a degree of non-compliance is to be expected, there are limits to this.

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