Western Australian Current Acts Western Australian Current Acts (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 for this subsection:
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.