A current Victorian Court of Appeal choice reinforces that an injury sustained by a worker will not generally be attributed to a breach of the employer’s/individual conducting a company or undertaking (PCBU’s) statutory obligations in respect of function health and safety. At the moment, where an employer has been found to have breached wellness and safety regulations and somebody has been injured as a result, that individual has an automatic proper to compensation. I do not seriously know how or why the breach of a statutory duty became embroiled, except I seem to recall reading anything to the effect that the idea had develop into unfair (too onerous in my personal words) for employers. The worry of being sued drives companies to exceed what is essential by the criminal law, diverting them from focusing on sensible preventive wellness and safety management, and resulting in unnecessary fees and burdens.

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