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Work Health and Safety Act 2011
275Use of codes of practice in proceedings
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275 Use of codes of practice in proceedings
(1) This section applies in a proceeding for an offence against this Act.
(2) An approved code of practice is admissible in the proceeding as
evidence of whether or not a duty or obligation under this Act has
been complied with.
(3) The court may—
(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.
Note Reasonably practicable—see s 18.
Regulation-making power, forms and fees Division 14.3
(4) Nothing in this section prevents a person from introducing evidence
of compliance with this Act in a manner that is different from the code
but provides a standard of work health and safety that is equivalent to
or higher than the standard required in the code.