Question
Anatoli Shirovsky, a thirty-four-year-old particle physicist, worked at the not-for-profit Northern Territory Institute of High Energy Physics' (Institute). The Institute is incorporated and limited by
Anatoli Shirovsky, a thirty-four-year-old particle physicist, worked at the not-for-profit Northern Territory Institute of High Energy Physics' (Institute). The Institute is incorporated and limited by guarantee. Anatoli had been employed at the Institute for four years. A crucial part of Anatoli's work was to perform experiments on a plutonium core which has since been nicknamed the 'demon core' as it has resulted in multiple fatalities. On the fateful morning, Anatoli was conducting an experiment with the core when he accidentally dropped a tungsten carbide brick onto it. This caused an intense burst of neutron radiation which resulted in Anatoli and another scientist, Emma Goldstein, standing next to him suffering fatal doses of radiation. Anatoli and Emma died within weeks as a result. Additionally, a guard, Joseph, also suffered a near fatal dose. Joseph was employed by Australian Security Services (ASS), which was contracted by the Institute to provide security for the institute as a whole. Gemma, the 16-year-old daughter of an administrator of the Institute also suffered severe radiation burns. Gemma was present because she had been accepted as a work experience student by the Institute. Joseph and Gemma spend weeks in hospital being treated for radiation burns. An investigation found that Anatoli had been handling the tungsten carbide brick with a normal set of forceps and not the heavy-duty forceps that were strongly recommended by the International Atomic Energy Agency for such dangerous work. The cost of the heavy-duty forceps was $20,000. It was discovered that the last heavy-duty forceps broke when they were carelessly handled two weeks prior to the accident. A new pair had been ordered the very same day that the old pair were broken. In addition to the incorrect forceps the investigation indicated that, in the past, Anatoli had not followed the correct safety protocol when handling the demon core and the administrators of the institute were aware of this, but did not take any action. The investigation also revealed that work experience students and other visitors were often permitted to enter the laboratory housing the 'demon core', but never without supervision. The 'demon core' had been involved in another fatality two years earlier when another scientist was irradiated with a fatal dose of radiation.
Sandra is an executive director at the Institute and she is also concerned that she may be liable. She claims to have been unaware of the lack of correct forceps, previous deaths related to the demon core and Anatoli's prior breaches of safety protocol. Please advise Sandra of her potential liability under the Model Act.
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