sec.250Use of codes of practice in proceedings

sec.250 Use of codes of practice in proceedings

This section applies in a proceeding for an offence against this Law. An approved code of practice is admissible in the proceeding as evidence of whether or not a duty or obligation under this Law has been complied with. The court may— have regard to the code as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates; and rely on the code in determining what is reasonably practicable in the circumstances to which the code relates. See section 47 for the meaning of reasonably practicable . Nothing in this section prevents a person from introducing evidence of compliance with this Law in a manner that is different from the code but provides a standard of rail work safety that is equivalent to or higher than the standard required in the code. (sec.250-ssec.1) This section applies in a proceeding for an offence against this Law. (sec.250-ssec.2) An approved code of practice is admissible in the proceeding as evidence of whether or not a duty or obligation under this Law has been complied with. (sec.250-ssec.3) The court may— have regard to the code as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates; and rely on the code in determining what is reasonably practicable in the circumstances to which the code relates. See section 47 for the meaning of reasonably practicable . (sec.250-ssec.4) Nothing in this section prevents a person from introducing evidence of compliance with this Law in a manner that is different from the code but provides a standard of rail work safety that is equivalent to or higher than the standard required in the code.

• (a) have regard to the code as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates; and
• (b) rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.