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.
(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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