An occupier of commercial premises is not required to engage experts to audit building materials for compliance with current Australian Standards where there is no reason to suspect the materials are unsafe, even where statutory workplace health and safety obligations impose proactive risk management duties. Breach of a statutory obligation under the Workplace Health and Safety Act 1995 (Qld) is evidence of, but not conclusive of, negligence at common law, and caution must be exercised in translating statutory obligations into common law duties. The dissent of McMurdo P leaves open the question of whether the result would differ in cases where the statutory obligations are more clearly engaged or where the occupier undertakes renovations in the relevant area.
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