Western Australian Current Acts

PUBLIC HEALTH ACT 2016 - SECT 39

39 .         Defence of due diligence

        (1)         In any proceedings against a person for an offence under this Part, it is a defence to prove that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence.

        (2)         The defence provided by subsection (1) does not apply unless it is proved that the person —

            (a)         took reasonable steps to prevent or avoid the circumstances that gave rise to the public health risk, including by putting in place any systems or safeguards that might reasonably be expected to be provided; and

            (b)         complied with the requirements of any notice or order under this Act that related to the public health risk; and

            (c)         as soon as becoming aware of the circumstances that gave rise to the public health risk —

                  (i)         reported those circumstances to an appropriate enforcement agency; and

                  (ii)         took all reasonable steps necessary to prevent or reduce the public health risk.

        (3)         If the person is an employer, then in addition to the things that must be proved under subsection (2), it must also be proved that the person —

            (a)         had proper systems and safeguards in place to prevent the circumstances that gave rise to the public health risk; and

            (b)         actively promoted and enforced compliance with this Act.