The obligation
An inspector can refer to an approved code when issuing an improvement or prohibition notice, and codes are admissible in court proceedings under the WHS Act.
Courts may regard a code of practice as evidence of what is known about a hazard, risk, risk assessment or risk control. Courts may rely on the code in determining what is reasonably practicable in the circumstances to which it relates. Compliance with the WHS Act and WHS Regulation may be achieved by another method if it provides an equivalent or higher standard of work health and safety than the code.
- What
- An inspector can refer to an approved code when issuing an improvement or prohibition notice, and codes are admissible in court proceedings under the WHS Act.
- Source
- safework.nsw.gov.au
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Frequently asked questions
Which WHS law does this come from?
How inspectors and courts use the code is a WHS requirement set out in How to manage work health and safety risks (NSW). It is made under Work Health and Safety Act 2011 (NSW). The relevant provision is How to manage work health and safety risks > Legal Effect.
What does this WHS obligation require?
How inspectors and courts use the code is a WHS obligation under How to manage work health and safety risks (NSW). In short, An inspector can refer to an approved code when issuing an improvement or prohibition notice, and codes are admissible in court proceedings under the WHS Act.
What changed recently?
How inspectors and courts use the code was last updated on 19 October 2026.