A plaintiff who establishes breach of the absolute statutory obligation under s 28 of the Workplace Health and Safety Act 1995 (Qld) must still prove on the balance of probabilities that the breach caused the injury; proof that a system of inspections would have detected an intermittent defect requires evidence that the defect was manifest before the accident and would probably have been detected on inspection. The extra-territorial application of s 155 of the Workers' Compensation Act 1987 (NSW) is governed by the test in s 13, which requires the employer to have employed the worker in New South Wales; a NSW-registered company employing a worker in Queensland for work performed entirely in Queensland is not required to insure under the NSW Act.
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