When does a principal “engage” a contractor and other observations

On 27 March 2017 the NSW District Court handed down a decision in Safe Work (NSW) v Activate Fire Pty Ltd; Safe Work (NSW) v Unity (NSW) Pty Ltd [2017] NSWDC 66.

The case provides an excellent summary of key legal principles underpinning health and safety legislation. It also provides very good insight into the issue of when an entity “engages” a contractor for the purposes of health and safety legislation.

Finally, the case is instructive, because the Court examines each of the allegations against Activate and Unity – the things the regulator said it was “reasonably practicable” for them to do – and explains why those things were or were not reasonably practicable.

You can access a 25 minute video presentation about case HERE.

2 thoughts on “When does a principal “engage” a contractor and other observations

  1. Just letting you know that the video isn’t working properly. It keeps restarting as the slides progress. A pity because it looks like an interesting case.
    Kind regards
    Please note that my normal work days are Monday, Tuesday, Wednesday and Thursday
    Deborah Pose/ Management Systems Lead
    T +61 3 8823 4991 M
    E Deborah.Pose@vivaenergy.com.au
    Viva Energy Australia Pty Ltd (ABN 46 004 610 459)
    GPO Box 872, Melbourne VIC 3001, Australia

    1. Thanks Deborah. I have tried running it a few times from my end with no issues. Also, other people have been able to run the video without a problem. If the problem persists for you, let me know and I will see if I can package it up in a different way / format. Best regards. Greg Smith

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