Victorian Current Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 39F

    (1)     A person ( A ) owes an applicable duty to another person ( B ) for the purposes of this Part if—

        (a)     Part 3 imposes an applicable duty on A; and

        (b)     it is either explicit or implicit that B is a person to whom the duty is owed.

    (2)     It is explicit that B is a person to whom the duty is owed if—

        (a)     the provision that imposes the duty expressly specifies the class of person—

              (i)     to whom the duty is owed; or

              (ii)     for whose benefit A must perform the duty; and

        (b)     B belongs to that class.

    (3)     It is implicit that B is a person to whom the duty is owed if—

        (a)     the provision that imposes the duty does not expressly specify the class of person—

              (i)     to whom the duty is owed; or

              (ii)     for whose benefit A must perform the duty; and

        (b)     the purpose of that provision is to ensure the health and safety of persons of a particular class; and

        (c)     B belongs to that class.

Division 2—Offences

S 39G inserted by No. 50/2019 s. 3.