New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 6

6 Application of provisions providing for alternative duties if primary duty not reasonably practicable

(1) This clause applies to any provision of this Regulation that imposes a duty, such as a duty to eliminate a risk, on a person (the "primary duty"), but provides that if it is not reasonably practicable to comply with that duty, the person is required to comply with another duty, such as a duty to control the risk (the "alternative duty").

Note: See duties to eliminate risks or, if that is not reasonably practicable, to control the risk (clause 11). See also particular alternative control measures in clause 5.

(2) For the purposes of this Regulation, the primary duty of a person is not replaced by the alternative duty unless the person can establish that it is not reasonably practicable to comply with the primary duty.

Note: Section 28 of the Act provides a defence if the person can establish that it is not reasonably practicable to comply with the alternative duty.