Work Health and Safety Act 2011 No 10
Division 2 Codes of practice
274 Approved codes of practice
(1) The Minister may approve a code of practice for the purposes of this Act and may vary or revoke an approved code of practice.(2) The Minister may only approve, vary or revoke a code of practice under subsection (1) if that code of practice, variation or revocation was developed by a process that involved consultation between:(a) the Governments of the Commonwealth and each State and Territory, and(b) unions, and(c) employer organisations.(3) A code of practice may apply, adopt or incorporate any matter contained in a document formulated, issued or published by a person or body whether:(a) with or without modification, or(b) as in force at a particular time or from time to time.(4) An approval of a code of practice, or a variation or revocation of an approved code of practice, takes effect when notice of it is published in the Gazette or on such later date as is specified in the approval, variation or revocation.(5) As soon as practicable after approving a code of practice, or varying or revoking an approved code of practice, the Minister must ensure that notice of the approval, variation or revocation is published in the Gazette and a newspaper circulating generally throughout the State.(6) The regulator must ensure that a copy of:(a) each code of practice that is currently approved, andis available for inspection by members of the public without charge at the office of the regulator during normal business hours.(b) each document applied, adopted or incorporated (to any extent) by an approved code of practice,Editorial note.For notices of approved codes of practice published or varied under this section, see Gazettes No 127 of 16.12.2011, p 7194; No 63 of 18.7.2014, p 2695; No 64 of 31.7.2015, p 2311; No 23 of 1.4.2016, p 575; No 27 of 27.1.2017, p 202 and No 136 of 15.12.2017, p 7686.
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.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.