Are we talking DUTY OF CARE?
The inference is that the Training Provider should have seen the medical issues and terminated his training.
But they of course do not issue the medicals. He went home unwell for a while, returned improved, medical reinstated and completed his initial training.
I cannot really see how an ATO is at fault, unless of course they withheld relevant information as to his condition from the authorities/regulators?
That question will be answered in the fullness of time, and ATOs will be taking great interest in the outcome.
