A statutory authority that commissions work from independent contractors does not owe a duty of care to employees of those contractors requiring the authority to impose a safe system of work, merely because the authority has knowledge of risks and the workers are vulnerable. Additional factors such as direction as to the manner of work, co-ordination requirements, or the employer's demonstrated inability to address known risks must be established. The criteria from Crimmins v Stevedoring Industry Finance Committee should not be extended beyond the context of the close regulatory control exercised in that case.
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