The WHS Act does not require a court to address the components of a breach of the primary duty of care under s 19(1) in any specified sequential order when determining a Category 2 offence under s 32. Reasonable foreseeability of both the risk and the incident in which the risk manifested is relevant to the assessment of breach and reasonably practicable measures under ss 18 and 19, but is not necessarily determinative. The stated case procedure under s 5AE remains confined to pure questions of law and cannot be used to challenge mixed findings of fact and law, even where the prosecutor contends the primary judge misapplied the statutory provisions.
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