South Australian Consolidated Regulations South Australian Consolidated Regulations (1) A requirement of
these regulations that a person take all reasonable steps to ensure that a
specified thing does not cause a specified outcome will be satisfied if the
person—
(a)
identifies which aspects of the specified thing might cause the specified
outcome; and
(b)
assesses the level of risk that such aspects will cause the specified outcome;
and
(c)
identifies what he or she can reasonably do to eliminate or minimise that
risk; and
(d)
repeats the steps referred to in paragraphs (a), (b) and (c) on becoming
aware of a new or changed risk that the specified thing may cause the
specified outcome, or on an annual basis (whichever is the soonest); and
(e) does
the things identified under paragraph (c); and
(f)
documents the actions that he or she has taken under this subregulation.
(2) In proceedings for
an offence against these regulations a court may, in determining whether
things done or omitted to be done by the person charged constitute reasonable
steps, have regard to—
(a) the
nature of the risk that the person was purporting to address; and
(b) the
likelihood of the risk eventuating and the degree of harm that might result if
the risk did eventuate; and
(c) the
degree to which the person could have minimised the risk; and
(d) the
expertise and knowledge of the person in relation to the risk and the
minimisation of the risk; and
(e) the
ways in which the risk may in fact have been minimised; and
(f) the
cost of minimising a risk; and
(g) any
other matter the court thinks fit.
(3) Nothing in this
regulation limits the ways in which a person may take all reasonable steps in
relation to a particular matter.