An occupier of premises cannot discharge its duty of care to lawful entrants merely by relying on the steps taken by its subcontractor cleaners (warning signs, mopping) where the occupier retains control over systemic measures such as barricading hazardous areas, diverting pedestrians, or closing affected areas. The duties of an occupier and its subcontractor are not coterminous but depend on the extent of each party's control. Whether clauses 34 and 36 of the Occupational Health and Safety Regulation 2001 (NSW) confer a private cause of action on members of the public remains unresolved.
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