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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 18 November 2017 at 06:20)
Part 2 Division 1
Division 1 Introductory
Subdivision 1 Principles that apply to duties
13   Principles that apply to duties
This Subdivision sets out the principles that apply to all duties that persons have under this Act.
Note.
 The principles will apply to duties under this Part and other Parts of this Act such as duties relating to incident notification and consultation.
14   Duties not transferrable
A duty cannot be transferred to another person.
15   Person may have more than one duty
A person can have more than one duty by virtue of being in more than one class of duty holder.
16   More than one person can have a duty
(1)  More than one person can concurrently have the same duty.
(2)  Each duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty.
(3)  If more than one person has a duty for the same matter, each person:
(a)  retains responsibility for the person’s duty in relation to the matter, and
(b)  must discharge the person’s duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.
17   Management of risks
A duty imposed on a person to ensure health and safety requires the person:
(a)  to eliminate risks to health and safety, so far as is reasonably practicable, and
(b)  if it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable.
Subdivision 2 What is reasonably practicable
18   What is “reasonably practicable” in ensuring health and safety
In this Act, reasonably practicable, in relation to a duty to ensure health and safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including:
(a)  the likelihood of the hazard or the risk concerned occurring, and
(b)  the degree of harm that might result from the hazard or the risk, and
(c)  what the person concerned knows, or ought reasonably to know, about:
(i)  the hazard or the risk, and
(ii)  ways of eliminating or minimising the risk, and
(d)  the availability and suitability of ways to eliminate or minimise the risk, and
(e)  after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.