In Cahill v State of New South Wales (Department of Community Services) the employer failed to consider the known risk of a client and permitted a staff member to conduct an interview. The staff member was attacked by the client with a knife. The Industrial Relations Court of NSW held, in respect of the employer, it:
1. Knew the risk;
2. Had a positive duty; and
3. Showed no remorse or compassion.
The Department was found guilty of failing to ensure the health, safety and welfare of workers under OHS legislation, and fined $200,000. The fine was not only based on the failure in the duty but the failure to support the employee, take responsibility for its actions, or acknowledge any injury, loss or damage.