General risks or specific measures? The High Court decision in Kirk

The decision in Kirk v Industrial Relations Commission of New South Wales; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) (Kirk) is an important decision of the Full Bench of the High Court which provides guidance on the proper interpretation of the Occupational Health and Safety Act 2000 (NSW) (OHS Act 2000), and has implications for the continuing work of the Industrial Court of New South Wales in this important area of law. The decision is also important for administrative lawyers. This note, however, focuses primarily on the implications of the decision for the area of occupational health and safety law. Administrative law issues are likely to be explored in greater depth in other comments.