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Section : 245BA Offences and the Commonwealth-negligence
Domain : Human Resource Management
Classification : Not Identified
Text Content
- (1) The test of negligence for the Commonwealth is that set out in section 5.5 of the Criminal Code .
- (2) If:
- (a) negligence is a fault element in relation to a physical element of an offence; and
- (b) no individual employee, agent or officer of the Commonwealth has that fault element; that fault element may exist on the part of the Commonwealth if the conduct of the Commonwealth is negligent when viewed as a whole (that is, by aggregating the conduct of any number of the employees, agents or officers of the Commonwealth).
- (3) Negligence may be evidenced by the fact that the prohibited conduct was substantially attributable to:
- (a) inadequate management, control or supervision of the conduct of one or more employees, agents or officers of the Commonwealth; or
- (b) failure to provide adequate systems for conveying relevant information to relevant persons in the Commonwealth.