VIDEO – When does a principal “engage” a contractor and other observations

Posted by | April 06, 2017 | Legal Developments, WH&S | No Comments

By Greg Smith | Nexus Law Group Principal – Western Australia

On 27 March 2017 the NSW District Court handed down a decision in Safe Work (NSW) v Activate Fire Pty Ltd; Safe Work (NSW) v Unity (NSW) Pty Ltd [2017] NSWDC 66.

The case provides an excellent summary of key legal principles underpinning health and safety legislation. It also provides very good insight into the issue of when an entity “engages” a contractor for the purposes of health and safety legislation.

Finally, the case is instructive, because the Court examines each of the allegations against Activate and Unity – the things the regulator said it was “reasonably practicable” for them to do – and explains why those things were or were not reasonably practicable.

You can access a 25 minute video presentation about case HERE.

If you have any questions, contact Greg Smith at [email protected] or telephone + 618 6166 3599


This article first appeared on My Safety Thoughts


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