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Work Health and Safety (National Uniform Legislation) 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 for paragraph (b)
See section 18 for the meaning of reasonably practicable.
(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.