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 means an enterprise known to be capable of supplying required goods and/or services. It includes manufacturers, stockists, resellers, merchants, distributors, consultants and contractors. Mandate is that it will only impact suppliers that negligently and/or deliberately and/or repeatedly breach of the Ethical Supplier Mandate or Ethical Supplier Threshold, where a supplier has been determined to be non-compliant with the requirements of the policy.
• For the purposes of this po... 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 of the Ethical Supplier Mandate or Ethical Supplier Threshold, where a supplier has been determined to be non-compliant with the requirements of the policy.
• For the purposes of this po... 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.