Where a principal retains an independent contractor and exercises exclusive control over some aspect of the system of work — such as determining where contractor employees park and the paths available to them — the principal owes a 'Brodribb type' duty of care to the contractor's employees to provide a safe system of work in relation to those controlled aspects, including protection against foreseeable criminal attack. This duty is distinguishable from the general occupier's duty considered in Modbury Triangle. The existence of statutory obligations under occupational health and safety legislation (here, s 26 of the Occupational Health and Safety Act 2004 (Vic)) is relevant evidence supporting the existence of the common law duty.
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