This instrument is the Work Health and Safety (Managing Electrical Risks in the Workplace) Code of Practice 2015. It was made under the Work Health and Safety Act 2011 as an approved code of practice. The Code is designed to give practical guidance on managing electrical risks in workplaces.
The Code itself explains its legal role. In most cases, following an approved code of practice would achieve compliance with health and safety duties under the WHS Act in relation to the subject matter of the code. It is also admissible in court proceedings under the WHS Act and Regulations. Courts may treat it as evidence of what is known about a hazard, risk or control, and may rely on it when deciding what is reasonably practicable in the circumstances. Inspectors may also refer to it when issuing improvement or prohibition notices.
The Code is not the only possible path to compliance. A business may follow another method, such as a technical or industry standard, if that method provides an equivalent or higher standard of work health and safety than the Code. That makes the Code both a practical guide and an important benchmark.
The wording used in the Code matters. The Code says that must, requires and mandatory indicate a legal requirement. The word should indicates a recommended course of action. The word may indicates an optional course of action. When using this page, businesses should keep that distinction in mind and check the underlying WHS Act, WHS Regulations and any local electrical safety laws that apply to them.