A body hire employer that sends employees to work under the direction of another party must acquaint itself with the system of work at the place to which it sends its employees, and cannot discharge its non-delegable duty merely by placing the employee in the care and control of another. Both a head contractor and subcontractor may be jointly liable under the Construction Safety Regulations where the head contractor coordinates, supervises and provides means of access for the work. A medical assessor's failure to record all complaints made by a patient does not, without more, constitute a denial of procedural fairness warranting rejection of a certificate under s 61(4) of the MAC Act; procedural fairness is concerned with process, not outcomes.
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