The category 1 offence under s 31 of the Work Health and Safety Act 2011 (Qld) has four elements: (1) the accused has a health and safety duty; (2) the accused engages in conduct that exposes a person to a risk of death or serious injury; (3) the conduct is without reasonable excuse; and (4) the accused is reckless as to the risk. 'Reasonable excuse' under s 31 is a distinct concept from 'reasonable practicability' under s 19 and must not be conflated with it. In assessing reasonable excuse, the jury must consider alternative safety measures actually implemented and what the accused believed had been put in place, not merely whether a particular step was reasonably practicable.
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3 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.