Model Codes of Practice are practical guides to achieving the standards of health and safety required under the model WHS Act and Regulations.
To have legal effect in a jurisdiction, a model Code of Practice must be approved as a code of practice there. To determine if a model Code of Practice has been approved in a particular jurisdiction, check with your local WHS regulator.
An approved code of practice applies 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 a jurisdiction’s WHS Act and Regulations.
Like regulations, codes of practice deal with particular issues and do not cover all hazards or risks that may arise. Health and safety duties require you to consider all risks associated with work, not only those risks that regulations and codes of practice exist for.
While approved codes of practice are not law, they are admissible in court proceedings. Courts may regard an approved code of practice as evidence of what is known about a hazard, risk or control and may rely on the relevant code to determine what is reasonably practicable in the circumstances.