Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 275

Use of codes of practice in proceedings

  (1)   This section applies in a proceeding for an offence against this Act.

  (2)   An approved code of practice is admissible in the proceeding as evidence of whether or not a duty or obligation under this Act has been complied with.

  (3)   The court may:

  (a)   have regard to the code as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates; and

  (b)   rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.

Note:   See section   18 for the meaning of reasonably practicable .

  (4)   Nothing in this section prevents a person from introducing evidence of compliance with this Act in a manner that is different from the code but provides a standard of work health and safety that is equivalent to or higher than the standard required in the code.


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