The 'risk of harm' for the purposes of s 5B(1)(b) of the Civil Liability Act 2002 (NSW) requires postulation of some appreciable personal injury, excluding non-injury causing incidents that are an ordinary feature of the relevant activity. Occupiers and employers are entitled to expect that persons will exercise reasonable care in commonplace activities such as stepping up and down from a small step, and the absence of previous incidents and compliance with common industry practice are relevant to whether the risk is 'not insignificant'. The common law principles under Wyong Shire Council v Shirt require little substantive difference in approach from s 5B.
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