Section 47
Onus of proving what is reasonably practicable
of Workplace Safety and Health Act 2006
ActIn forceProvision 53 of 78
Section 47
Where in any proceedings for an offence under any provision in this Act, it is alleged that any person failed to comply with a duty to do something so far as is reasonably practicable, it is for the accused to prove that —
(a)
it was not reasonably practicable to do more than what was in fact done to satisfy that duty; or
(b)
there was no better practicable means than was in fact used to satisfy that duty.