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Module 8 Slides

Download a copy of the Day 2 PowerPoint slides here.  The Module 8 slides have been bookmarked for your ease of reference.

Negligent and/or Deliberate and/or Repeated

It is clear the intent of the Ethical Supplier Mandate is that it will only impact suppliers that negligently and/or deliberately and/or repeatedly breach contractual obligations, policies, or laws.

In considering ‘Negligence’ and to assist in having a consistent approach to this across Government we apply the ‘General Principles’ identified in section 9 of The Civil Liability Act 2003 (Qld) (‘the Act’) which regulates civil claims for damages for harm in Queensland.

To be successful in a claim of negligence in Queensland, plaintiffs must prove a duty of care was owed to them by the defendant and prove all of the elements contained in sections 9 and 11, on the balance of probabilities.  This measure is what should be adopted in making your assessment.

(1)       A person does not breach a duty to take precautions against a risk of harm unless—

(a)   the risk was foreseeable (that is, it is a risk of which the person knew or ought reasonably to have known); and

(b)   the risk was not insignificant; and

(c)    in the circumstances, a reasonable person in the position of the person would have taken the precautions.

(2)      In deciding whether a reasonable person would have taken precautions against a risk of harm, the court is to consider the following (among other relevant things)—

(a)   the probability that the harm would occur if care were not taken;

(b)   the likely seriousness of the harm;

(c)   the burden of taking precautions to avoid the risk of harm;

(d)   the social utility of the activity that creates the risk of harm.

Not intended as legal advice. Read full disclaimer.