Victorian Consolidated Legislation

Road Management Act 2004 - SECT 27

Codes of Practice as evidence

27. Codes of Practice as evidence



(1) A Code of Practice is admissible in evidence in any proceedings to which
this Act or section 99A of the Road Safety Act 1986 applies.

(2) For the purposes of proceedings to which this Act or section 99A of the
Road Safety Act 1986 applies-

   (a)  evidence that a road authority, infrastructure manager or works
        manager has complied with a Code of Practice is admissible evidence
        that the road authority, infrastructure manager or works manager has
        complied with the relevant duty in respect of which the Code of
        Practice applies;

   (b)  evidence that a road authority, infrastructure manager or works
        manager has not complied with a Code of Practice is admissible
        evidence that the road authority, infrastructure manager or works
        manager has not complied with the relevant duty in respect of which
        the Code of Practice applies;

   (c)  evidence that the making of a policy, adoption of a standard or the
        performance or non-performance of a specific function by a road
        authority, infrastructure manager or works manager was consistent with
        a Code of Practice is admissible evidence that the making of the
        policy, adoption of the standard or the performance or non-performance
        of the specific function was not unreasonable;

   (d)  evidence that the making of a policy, adoption of a standard or the
        performance or non-performance of a specific function by a road
        authority, infrastructure manager or works manager was inconsistent
        with a Code of Practice is admissible evidence that the making of the
        policy, adoption of the standard or the performance or non-performance
        of the specific function may be unreasonable;



   (e)  evidence that the decision to give or withhold consent by a road
        authority, being a decision of a type to which section 25(2)(e)
        applies, conforms with a Code of Practice is admissible evidence that
        the decision is a reasonable decision;

   (f)  evidence that the decision to give or withhold consent by a road
        authority, being a decision of a type to which section 25(2)(e)
        applies, does not conform with a Code of Practice is admissible
        evidence that the decision is not a reasonable decision;

   (g)  evidence that a condition imposed by a road authority, being a
        condition of a type to which section 25(2)(e) applies, or that a
        requirement to rectify works under clause 19 of Schedule 7, conforms
        with a Code of Practice is admissible evidence that the condition is a
        reasonable condition or that the requirement is a reasonable
        requirement;

   (h)  evidence that a condition imposed by a road authority, being a
        condition of a type to which section 25(2)(e) applies, or that a
        requirement to rectify works under clause 19 of Schedule 7, does not
        conform with a Code of Practice is admissible evidence that the
        condition is not a reasonable condition or that the requirement is not
        a reasonable requirement.

(3) If in relation to any matter arising in any proceedings to which this Act
or section 99A of the Road Safety Act 1986 applies, a Code of Practice
applies, adopts or incorporates by reference any relevant benchmarks,
standards or technical references, the Code of Practice is admissible in the
proceedings as evidence of greater weight than other expert or documentary
evidence which may be led in the proceedings in relation to that matter.