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