33DReasonably practicable

33D Reasonably practicable

[Section 33D Inserted by No. 28 of 2020, s. 16, Applied:01 Dec 2022] In this Part, reasonably practicable, in relation to a safety duty of a person, is a reference to what is, or what was at a particular time, reasonably able to be done by the person in relation to ensuring safety, taking into account and weighing up all relevant matters including –

(a) the likelihood of the hazard or the risk concerned occurring; and

(b) the degree of harm that might result from the hazard or risk; and

(c) what the person knows, or ought reasonably to know, about –

(i) the hazard or risk; and

(ii) ways of eliminating or minimising the hazard or risk; and

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

(e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk – the cost associated with the available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.