6 An agreed statement of facts was tendered. Parts of the agreed statement I have already summarised. Other relevant information provided in the statement was as follows:
11. As at 19 November 2001 Ms Ferguson had undertaken rehabilitation and returned to restricted administrative duties for the Defendant, but had not resumed guard duties.
12. Prior to the accident date Ms Ferguson had not received any or any adequate instruction or training on the subject of boarding or alighting from trains, and in particular the training program provided to Ms Ferguson by the Defendant did not cover the following subjects:
(i) The importance, including from the point of view of risks to personal safety, of not boarding or alighting from a moving train;
(ii) That trains are not to be boarded or alighted from at stations where they are not scheduled to stop.
After the accident date, the training program provided by the Defendant to new guards and guards undertaking refresher courses specifically included the subject: "the importance of not boarding or alighting from a moving train".
13. Prior to the accident date Ms Ferguson had never been instructed by any representative of the Defendant not to board or alight from a moving train.
14. Prior to the accident date an informal practice existed among the employees of the Defendant whereby train guards would, from time to time
(i) Board or alight from moving trains; and
(ii) Board or alight from moving trains at unscheduled stops.
Indeed, on the accident date the Informant witnessed, while attending Mortdale railway station to investigate the accident involving Ms Ferguson and the Run 32-F Service, another person, wearing railway issue clothing, alighted from a moving train at the same station (being the passenger train service Run 11-E from Mortdale Maintenance Centre to Bondi Junction, the driver being P Smith and the guard being M Slinning).
15. Both during and after Ms Ferguson's training program the Defendant failed to provide Ms Ferguson with supervision and on the job guidance from experienced train guards, particularly in relation to matters pertaining to safe working methods and practices.
16. As at the accident date the Defendant had failed to issue the following to Ms Ferguson:
(i) an Operation Management Electric Train ("OMET") Manual; and
(ii) a Guards radio;
even though of each of these items was, according to the Defendant's own practices, supposed to be issued to guards at the completion of their initial training program.