New South Wales Consolidated Acts New South Wales Consolidated Acts(cf section 46 of Occupational Health and Safety Act 2000 )
(1) In any proceedings for an offence against this Act or the regulations:(a) an approved code of practice that is relevant to any matter which it is necessary for the prosecution to prove to establish the commission of the offence by a person is admissible in evidence in those proceedings, and(b) the person’s failure at any material time to observe the code is evidence of the matter to be established in those proceedings.
(2) A person is not liable to any civil or criminal proceedings by reason only that the person has failed to observe an approved code of practice.