A holder of a statutory work authority who has sole legal authority to carry out operations at a site has 'management or control' of those operations for the purposes of s 26 of the Occupational Health and Safety Act 2004 (Vic), even if day-to-day operations are carried out by employees of another entity. A safety risk subsists wherever a hazardous area remains physically accessible, regardless of the duty holder's intention not to use that area; only rendering the area physically inaccessible eliminates the risk. The concept of 'necessity' is irrelevant to the assessment of reasonable practicability under s 20(2).
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