In Malcolm v Metropolitan Police Commissioners 1995 5 CLR 368 HC, the High Court held that the Workplace (Health, Safety and Welfare) Regulations 1992, regulation 5 creates an absolute statutory duty and proof that a defect in equipment had caused an accident would fix the duty holder with civil liability.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.