Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of other persons, including the victim, was not put at risk from work carried out as part of the conduct of the business or undertaking, namely while riding the landborne inflatable slide (the mammoth slide), and that failure exposed individuals to a risk of death or serious injury from a fall from height.

It was reasonably practicable for JTK Trustee Limited to have:

• Ensured the mammoth slide complied with required standards, including AS 3533.4.1 – 2005/2018 and Electricity (Safety) Regulations 2010.
• Developed, implemented, and monitored an effective safe system of work associated with all activities relating to the operation of the mammoth slide, including clear operating requirements and an effective emergency plan.
• Ensured its workers provided adequate supervision and instructions to persons riding the mammoth slide.