Where an employer's negligence consists of failing to instruct a driver about known risks relating to the manner of operating a vehicle (such as how to spread forklift tines to counter pallet instability), the fault relates directly to the use or operation of the vehicle and falls within the Motor Accidents Compensation Act 1999 (NSW), s 3, notwithstanding that the failure to instruct occurred before the vehicle was operated. GLG Australia is distinguishable where the fault relates to the manner of operating the vehicle itself rather than to a system of work ancillary to the vehicle's operation.
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