A breach of s 9(1) of the Workplace Health and Safety Act 1989 (Qld) is not established merely by proof of injury at work; the employee must show a causal connection between an act or omission of the employer and the injury. The majority (McMurdo P and Pincus JA) affirmed that s 9(1) gives rise to a private civil cause of action, though Douglas J disagreed. The defence of impracticability under s 6 requires consideration of the employer's knowledge of the employee's vulnerability and the degree of risk involved in the activity.
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