In labour hire arrangements, the transfer of vicarious liability from the general employer (labour hire company) to the particular employer (host) requires proof that the general employer has divested itself of the right to control how the employee performs the relevant work, not merely that the host actually exercises control. The burden on the general employer is heavy and can only be discharged in exceptional circumstances. The question of whether dual vicarious liability is available in Australian law remains open. The interaction between statutory occupational health and safety duties and the capacity to divest authority to control an employee's work was raised but not resolved.
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