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Section : 275 Use of codes of practice in proceedings
Domain : Human Resource Management
Classification : Not Identified
Text Content
- (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.
- (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. Note: See section 18 for the meaning of reasonably practicable . Compilation date: 01/07/2024 Registered: 01/07/2024