The Wyong Shire Council v Shirt test for breach of duty of care applies without modification where the defendant employer is the State of New South Wales; there is no statutory provision or principle of the general law requiring a different approach. Budgetary constraints and the fact that permanent repairs are being arranged do not excuse a failure to undertake available temporary repairs to address a foreseeable risk of injury. An employee responding to an urgent work call who fails to notice an obvious hazard in poor lighting and rain is not guilty of contributory negligence.
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