Victorian Current Acts Victorian Current Acts(1) A Code of Practice is admissible in evidence in any proceedings to which this Act or section 99A of the Road Safety Act 1986 applies.
(2) For the purposes of proceedings to which this Act or section 99A of the Road Safety Act 1986 applies—
(a) evidence that a road authority, infrastructure manager or works manager has complied with a Code of Practice is admissible evidence that the road authority, infrastructure manager or works manager has complied with the relevant duty in respect of which the Code of Practice applies;
(b) evidence that a road authority, infrastructure manager or works manager has not complied with a Code of Practice is admissible evidence that the road authority, infrastructure manager or works manager has not complied with the relevant duty in respect of which the Code of Practice applies;
(c) evidence that the making of a
policy, adoption of a standard or the performance or non-performance of a
specific function by a road authority, infrastructure manager or
works manager was consistent with a Code of Practice is admissible evidence
that the making of the policy, adoption
of the standard or the
performance or non‑performance of the specific function was not
unreasonable;
(d) evidence that the making of a policy, adoption of a standard or the performance or non-performance of a specific function by a road authority, infrastructure manager or works manager was inconsistent with a Code of Practice is admissible evidence that the making of the policy, adoption of the standard or the performance or non‑performance of the specific function may be unreasonable;
(e) evidence that the decision to give or withhold consent by a road authority, being a decision of a type to which section 25(2)(e) applies, conforms with a Code of Practice is admissible evidence that the decision is a reasonable decision;
(f) evidence that the decision to give or withhold consent by a road authority, being a decision of a type to which section 25(2)(e) applies, does not conform with a Code of Practice is admissible evidence that the decision is not a reasonable decision;
(g) evidence that a condition imposed by a road authority, being a condition of a type to which section 25(2)(e) applies, or that a requirement to rectify works under clause 19 of Schedule 7, conforms with a Code of Practice is admissible evidence that the condition is a reasonable condition or that the requirement is a reasonable requirement;
(h) evidence that a condition imposed by a road authority, being a condition of a type to which section 25(2)(e) applies, or that a requirement to rectify works under clause 19 of Schedule 7, does not conform with a Code of Practice is admissible evidence that the condition is not a reasonable condition or that the requirement is not a reasonable requirement.
(3) If in relation to any matter arising in any proceedings to which this Act or section 99A of the Road Safety Act 1986 applies, a Code of Practice applies, adopts or incorporates by reference any relevant benchmarks, standards or technical references, the Code of Practice is admissible in the proceedings as evidence of greater weight than other expert or documentary evidence which may be led in the proceedings in relation to that matter.