Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) For the purpose of providing practical guidance to employees, employers and any other persons on whom a duty of care is imposed under this Act, the Minister may approve a code of practice.
(2) A code of practice may consist of any code, standard, rule, specification or provision relating to workplace health and safety formulated, prepared or adopted by the Director and may apply, incorporate or refer to any document formulated or published by any body or authority as in force at the time the code of practice is approved or as amended, formulated or published from time to time.
(3) The Minister may approve any revision of the whole or part of a code of practice or revoke a code of practice.
(4) Before approving a code of practice or the revision of the whole or part of a code of practice or before revoking a code of practice, the Minister must –
(a) consult with the Tasmanian Trades and Labor Council and with such employer organisations as the Minister considers appropriate having regard to the application of the code of practice; and
(b) by notice published in the Gazette and in 3 daily newspapers published and circulating in the State, give 30 days' notice of the Minister's intention to approve the code of practice or the revision or revocation of the code of practice.
(5) The Minister must give notice in the Gazette and in 3 daily newspapers published and circulating in the State of –
(a) the approval of a code of practice; or
(b) the approval of the revision of the whole or part of a code of practice; or
(c) the revocation of a code of practice.
(6) A notice under subsection (5) is not a statutory rule within the meaning of the Rules Publication Act 1953.
(7) The Minister must cause to be made available in the Department for inspection by members of the public without charge during normal office hours a copy of –
(a) every approved code of practice; and
(b) if an approved code of practice has been revised and the revision has been approved, the approved code of practice as so revised; and
(c) if an approved code of practice applies, incorporates or refers to any other document, that other document.
(8) An approved code of practice and any approved version of a code of practice have effect on the day on which notice of the approval is published in the Gazette.
(9) An approved code of practice ceases to have effect on the day on which notice of the revocation of the code is published in the Gazette.
(10) A person is not liable to any civil or criminal proceedings merely because the person has failed to observe any provision of a code of practice approved under this section.