The obligation
An inspector may refer to the code when issuing an improvement or prohibition notice, and codes of practice 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 to decide what is reasonably practicable in the circumstances the code covers. Codes may not cover every relevant hazard or risk. Duty holders must consider all risks associated with work, not only those covered by regulations and codes.
- What
- An inspector may refer to the code when issuing an improvement or prohibition notice, and codes of practice 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 Safe design of structures (NSW). It is made under Work Health and Safety Act 2011 (NSW). The relevant provision is Work Health and Safety Act 2011 (NSW) > Safe Design of Structures Code of Practice > Legal effect.
What does this WHS obligation require?
How inspectors and courts use the code is a WHS obligation under Safe design of structures (NSW). In short, An inspector may refer to the code when issuing an improvement or prohibition notice, and codes of practice 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.