Tag: Defense Vulnerability
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Retroactive Rationalisation: The Judicial Rejection of Backward Reasoning in Safety Trials
The primary defence strategy employed by regulatory safety prosecutors post-incident is often built on an intuitive timeline: a catastrophic injury occurred, an engineering control was missing, therefore the employer failed to take all reasonably practicable steps to eliminate the risk. In a landmark determination, the Supreme Court of Victoria completely dismantled this approach. In SKM…






