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Legislation Monitor

Use of the code in court proceedings and by inspectors

Code legislation date 1 Jan 2022 From Foundry code of practice 2004, no changes tracked yet
Low severity
QLD Foundry code of practice 2004 > Scope and Legal Status
The obligation
Codes of practice are admissible in court proceedings under the WHS Act and WHS Regulation.
Courts may regard a code of practice as evidence of what is known about a hazard, risk or control, and may rely on it in determining what is reasonably practicable in the circumstances it covers. An inspector may refer to an approved code of practice when issuing an improvement or prohibition notice, including an improvement notice for failing to comply with a code where equivalent or higher standards of work health and safety have not been demonstrated. …
What
Codes of practice are admissible in court proceedings under the WHS Act and WHS Regulation.
Source
worksafe.qld.gov.au

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Official sources
Frequently asked questions

Which WHS law does this come from?

Use of the code in court proceedings and by inspectors is a WHS requirement set out in Foundry code of practice 2004 (QLD). It is made under Work Health and Safety Act 2011 (QLD). The relevant provision is Foundry code of practice 2004 > Scope and Legal Status.

What does this WHS obligation require?

Use of the code in court proceedings and by inspectors is a WHS obligation under Foundry code of practice 2004 (QLD). In short, Codes of practice are admissible in court proceedings under the WHS Act and WHS Regulation.

What changed recently?

Use of the code in court proceedings and by inspectors was last updated on 19 October 2026.

About this Topic

Updates trackedMonitoring
Monitoring detail
First seenOct 2026