WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 305I
Meaning of obvious risk for s 305H
WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 305I
Meaning of obvious risk for s 305H
305I Meaning of obvious risk for s 305H
(1) For section 305H, an
"obvious risk" to a worker who sustains an injury is a risk that, in the
circumstances, would have been obvious to a reasonable person in the position
of the worker.
(2) Obvious risks include risks that are patent or a matter of
common knowledge.
(3) A risk of something occurring can be an obvious risk
even though it has a low probability of occurring.
(4) A risk can be an
obvious risk even if the risk (or a condition or circumstance that gives rise
to the risk) is not prominent, conspicuous or physically observable.
(5) To
remove any doubt, it is declared that a risk from a thing, including a living
thing, is not an obvious risk if the risk is created because of a failure on
the part of a person to properly operate, maintain, replace, prepare or care
for the thing, unless the failure itself is an obvious risk.
