Victorian Current Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 39E

    (1)     Conduct is negligent for the purposes of this Part if it involves—

        (a)     a great falling short of the standard of care that would have been taken by a reasonable person in the circumstances in which the conduct was engaged in; and

        (b)     a high risk of—

              (i)     death; or

              (ii)     serious injury; or

              (iii)     serious illness.

    (2)     In determining whether conduct engaged in by a body corporate is "negligent" for the purposes of this Part—

        (a)     what matters is the conduct engaged in by the body corporate itself; and

        (b)     it does not matter whether the conduct is, or is not, conduct imputed to the body corporate under section 143; and

        (c)     it does not matter whether any of the body corporate's officers were involved in all or any part of the conduct; and

        (d)     the standard to be applied under subsection (1)(a) is the standard of care that would have been taken by a reasonable body corporate in the circumstances in which the conduct was engaged in.

S 39F inserted by No. 50/2019 s. 3.