Victorian Consolidated Legislation

Road Management Act 2004 - SECT 48DC

Exercising a power or performing a duty safely

48DC. Exercising a power or performing a duty safely



(1) To avoid doubt, a duty imposed on a person under this Division to ensure,
so far as is reasonably practicable, that a power is exercised, or a duty is
performed, safely requires the person to-

   (a)  eliminate risks to safety so far as is reasonably practicable; and

   (b)  if it is not reasonably practicable to eliminate risks to safety, to
        reduce those risks so far as is reasonably practicable.

(2) To avoid doubt, for the purposes of this Division, regard must be had to
the following matters in determining what is (or was at a particular time)
reasonably practicable in relation to ensuring that a power is exercised, or a
duty is performed, safely-

   (a)  the likelihood of the hazard or risk concerned eventuating;

   (b)  the degree of harm that would result if the hazard or risk eventuated;

   (c)  what the person concerned knows, or ought reasonably to know, about
        the hazard or risk and any ways of eliminating or reducing the hazard
        or risk;

   (d)  the availability and suitability of ways to eliminate or reduce the
        hazard or risk;

   (e)  the cost of eliminating or reducing the hazard or risk.