Under s 28(1) of the Workplace Health and Safety Act 1995 (Qld), once an employee proves that a workplace activity exposed them to a risk of injury — even a trivial risk — a prima facie contravention is established and the onus shifts to the employer to prove compliance under s 26(3)(b) or a defence under s 37(1)(b)(ii). The triviality of the risk affects only the ease with which the employer can discharge that onus, not whether the prima facie case is made out. Workers' compensation notices of assessment issued under the Workers' Compensation and Rehabilitation Act 2003 (Qld) do not, without more, constitute representations that the insurer will not adopt a different position on causation in subsequent civil proceedings for damages.
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