South Australian Repealed Acts

This legislation has been repealed.

RAIL SAFETY ACT 2007 - SECT 8

8—Concept of ensuring safety

        (1)         To avoid doubt, a duty imposed on a person under this Act or the regulations to ensure, so far as is reasonably practicable, safety requires the person—

            (a)         to eliminate risks to safety so far as is reasonably practicable; and

            (b)         if it is not reasonably practicable to eliminate risks to safety, to reduce those risks so far as is reasonably practicable.

        (2)         To avoid doubt, for the purposes of this Act and the regulations, regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring safety:

            (a)         the likelihood of the risk concerned eventuating;

            (b)         the degree of harm that would result if the risk eventuated;

            (c)         what the person concerned knows or ought reasonably to know, about the risk and any ways of eliminating or reducing the risk;

            (d)         the availability and suitability of ways to eliminate or reduce the risk;

            (e)         the cost of eliminating or reducing the risk.