Victorian Current Acts

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The concept of ensuring safety

    (1)     To avoid doubt, a duty imposed on a person under this Act or the regulations to ensure, so far as is reasonably practicable, safety requires the person to—

        (a)     eliminate risks to safety so far as is reasonably practicable; and

        (b)     if it is not reasonably practicable to eliminate risks to safety, to reduce those risks so far as is reasonably practicable.

    (2)     To avoid doubt, for the purposes of Divisions 2 and 3 or regulations made for the purposes of those Divisions, regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring safety—

        (a)     the likelihood of the hazard or risk concerned eventuating;

        (b)     the degree of harm that would result if the hazard or risk eventuated;

        (c)     what the person concerned knows, or ought reasonably to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk;

        (d)     the availability and suitability of ways to eliminate or reduce the hazard or risk;

        (e)     the cost of eliminating or reducing the hazard or risk.

Pt 3 Div. 2 (Heading) substituted by No. 23/2013 s. 21.

Division 2—Safety duties of rail transport operators

S. 20 amended by No. 68/2009 s. 97(Sch. item 101.1), substituted by No. 23/2013 s. 22.

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