• Specific Year
    Any

RAIL SAFETY NATIONAL LAW (NSW) - SECT 250 Use of codes of practice in proceedings

RAIL SAFETY NATIONAL LAW (NSW) - SECT 250

Use of codes of practice in proceedings

250 Use of codes of practice in proceedings

(1) This section applies in a proceeding for an offence against this Law.
(2) An approved code of practice is admissible in the proceeding as evidence of whether or not a duty or obligation under this Law 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 : See section 47 for the meaning of
"reasonably practicable" .
(4) Nothing in this section prevents a person from introducing evidence of compliance with this Law in a manner that is different from the code but provides a standard of rail work safety that is equivalent to or higher than the standard required in the code.