A regulation imposing absolute obligations on workplace occupiers to eliminate all risks to safety, without qualification for reasonableness or practicability, is ultra vires the enabling Act as failing the reasonable proportionality test from South Australia v [name withheld]. Loss of future superannuation contributions constitutes 'loss or diminution of future probable earnings' under the Common Law (Miscellaneous Actions) Act 1986 (Tas), s 4(1)(b), attracting the statutory 7% discount rate. An employer's response to a slight but real risk of injury need not extend to developing novel safety equipment through extensive research and development where the cost would be disproportionate to the risk.
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