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Thursday, 14 September 1972
Page: 870


Senator BYRNE (Queensland) - I am rather intrigued by a possibility, and Senator James McClelland may bc good enough to comment on this. Let us look at the question of civil liability. Let us mag.ine a common law action in which a plaintiff may be alleging, as part of the basis of his claim, a breach of statutory duty. Let us presume that there is an ordinance in the Australian Capital Territory which requires machinery to be fenced and that the only substantial cause of action say, by an injured worker who may have had his fingers or his arm amputated was a breach of statutory duty by the employer in not having the machinery fenced. If the ordinance requiring that is not validated and the accident has occurred, would not the plaintiff have his right of action either destroyed or gravely imperilled or limited? I do not know. That thought crosses my mind.







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