A single step that complies with the Building Code of Australia in relation to tread, riser and quantity dimensions for a private stair does not constitute a 'danger' requiring a response from an employer merely because it does not comply with an Australian Standard that has no statutory application. The Building Code requirement for handrails applies only 'where necessary to assist and provide stability', and compliance with the Building Code is not automatically satisfied by the mere width of the stairway exceeding 2 metres. Section 10A of the Civil Liability Act 2002 (WA), permitting reference to comparable cases in assessing general damages, applies to incidents occurring after the commencement of Part 2 of the Act, even though s 10A was inserted into that Part at a later date. General damages for knee injuries in Western Australia in the range of $25,000 to $75,000 were indicated by comparable cases at the time of this decision.
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