The statutory presumption in s 8(2) of the Dust Diseases Act 2005 (SA) operates as a presumption of knowledge of risk from asbestos exposure in the general sense; it is not limited to knowledge of risk from the particular type or level of exposure experienced by the plaintiff. Compliance with the NHMRC recommended maximum allowable concentration of asbestos dust does not determine whether an employer breached its duty of care. Where an employer took no precautions and conducted no dust testing, it cannot argue that the plaintiff's injury would have occurred absent negligence.
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