275Use of codes of practice in proceedings

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.