New South Wales Consolidated Acts

RAIL SAFETY ACT 2008 - SECT 6A

6A What is “reasonably practicable” in ensuring safety

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

(a) the likelihood of the risk concerned occurring, and

(b) the degree of harm that might result from the risk, and

(c) what the person concerned knows, or ought reasonably to know, about:

(i) 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.