Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_23:p2
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 23 (pt 2/2)
Character Range: 28896–30569

to anything that it considers to be relevant when it is deciding whether things that the person did, or did not do, were reasonable steps, including:
 (a) the nature of the risk that the person was attempting to, or should have been attempting to, address; and
 (b) the likelihood of that risk eventuating and the degree of harm that would result if it did eventuate; and
 (c) if a driver has driven while impaired by fatigue or in breach of the work/rest hours—the circumstances of the offence (e.g. the risk category that the offence belongs to); and
 (d) the degree to which the person (either personally or through an agent or employee) had the ability to eliminate, prevent or reduce the risk or to minimise likelihood of the risk eventuating; and
 (e) the experience, expertise and knowledge that the person, or the person's agent or employee, had or ought reasonably have had; and
 (f) the availability and suitability of ways to eliminate, prevent or reduce the risk or to minimise the likelihood of the risk eventuating; and
 (g) the body of fatigue knowledge.
 (4) Evidence that the person had complied with a registered industry code of practice in relation to the matters that the offence relates to, is evidence that the person had taken reasonable steps.
Note: Industry codes of practice may be registered under section 179 (Registration of industry codes of practice) of the C & E Act or under a corresponding road law.
 (5) However, a person who is charged with an offence may rely on subsection (4) only if the person serves a notice of intention to do so on the prosecution at least 28 days before the day on which the hearing for the offence is to start.