Section 9(3) of the Mines Safety and Inspection Act 1994 (WA) imposes a non-delegable duty on a mine manager to ensure, so far as reasonably practicable, that reasonable care is taken by independent contractors, and the defence under s 6 of the Occupier's Liability Act 1985 (WA) is not available where a deemed employer-employee relationship exists under s 9. The correct question in contribution proceedings is not whether the accident was attributable to the negligence of the contractor or the principal, but whether the principal ensured reasonable care was taken by the contractor.
The full text is available to signed-in members, including the 1 later case that cites this judgment.