The decisions made within the workplace for ensuring health and safety, become closely related to the primary duty of care. The importance of decision making is reflected in the case of O’Sullivan v NSW Dept of Education and Training (2003) NSWIR Comm 74 where the NSW Dept was convicted for breach of employer’s duty (Richards, L 2013). A Staff member was left alone with several special needs children, some of which were very violent and as a result she was attacked. The workplace failed to provide…
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