Queensland Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 No. 18 - SECT 341

Part 2, division 1—

omit, insert—

'This subdivision sets out the principles that apply to all duties that persons have under this Act.

'A duty can not be transferred to another person.

'A person can have more than 1 duty by virtue of being in more than 1 class of duty holder.

'(1) More than 1 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 1 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.

'In this Act, reasonably practicable, in relation to a duty to ensure electrical safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring electrical safety, taking into account and weighing up all relevant matters including—

(a) the likelihood of the hazard or the risk concerned happening; 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.'.