I am pretty sure they can as you are the initial owner and you sub contract therefore you still have ownership over the project.
It also comes down to how the subcontractor informs their staff of safety and also if you checked if they were doing things safetly. Just because someone was injured it soesn't always mean a payout.
I have just been to a OH&S training day and my head is still spinning. There are alot of laws about to be introduced or changed, but no concrete date has been set for the changeover.
Give VECCI a call and they should be able to give you the correct answers
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