South Australian Current Acts

WORK HEALTH AND SAFETY ACT 2012 - SECT 275

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.