Document ID: chunk:federal_register_of_legislation:F2017L01588:front:0:p2
Version: federal_register_of_legislation:F2017L01588
Segment Type: other
Provision Reference: 
Character Range: 2657–5479

to anyone who has a duty of care in the circumstances described in the code. In most cases, following an approved code of practice would achieve compliance with the health and safety duties in the WHS Act, in relation to the subject matter of the code. Like regulations, codes of practice deal with particular issues and do not cover all hazards or risks which may arise. The health and safety duties require duty holders to consider all risks associated with work, not only those for which regulations and codes of practice exist.
Codes of practice are admissible in court proceedings under the WHS Act and Regulations. Courts may regard a code of practice as evidence of what is known about a hazard, risk or control and may rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.
Compliance with the WHS Act and Regulations may be achieved by following another method, such as a technical or an industry standard, if it provides an equivalent or higher standard of work health and safety than the code.
An inspector may refer to an approved code of practice when issuing an improvement or prohibition notice.
This Code of Practice has been developed by Safe Work Australia as a model code of practice under the Council of Australian Governments' Inter-Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety for adoption by the Commonwealth, state and territory governments.

Scope and application
This Code provides practical guidance for persons conducting a business or undertaking on how to manage health and safety risks associated with stevedoring. This Code has been developed to support the WHS Act and Regulations and applies to all workplaces where stevedoring operations are carried out. This Code covers the loading and unloading of vessel cargo, stacking and storing on the wharf, as well as receival and delivery of cargo within a terminal or facility.
This Code should be used in conjunction with relevant Marine Orders, including Marine Order 21: Safety of navigation and emergency procedures, Marine Order 32: Cargo handling equipment, Marine Order 42: Cargo stowage and securing, Marine Order 44: Safe containers and any relevant port specific regulation like harbour master's directions.
This Code should also be read in conjunction with other codes of practice on specific hazards and control measures relevant to the stevedoring industry including:
       Code of Practice: How to manage work health and safety risks
       Code of Practice: Work health and safety consultation, co-operation and co-ordination
       Code of Practice: Hazardous manual tasks
       Code of Practice: Managing the risk of falls at workplaces
       Code of Practice: Managing noise and preventing hearing loss at work