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WORK HEALTH AND SAFETY ACT 2011 - SECT 275
Use of codes of practice in proceedings
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 way 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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