Reasonable steps defence
24 Reasonable steps defence
It is a defence to a charge for a Category 1, Category 2 or Category 3 offence to prove that —
the person did not know and could not reasonably be expected to have known that an offence was committed; and
either —
the person took all reasonable steps to prevent the breach of the safety duty; or
there were no steps the person could reasonably have taken to prevent the breach of the safety duty.
Without limiting subsection (1), in determining whether things done or omitted to be done by a person constitute reasonable steps, a court may have regard to the following —
the circumstances of the alleged offence;
the measures available and the measures taken to eliminate or minimise the risk of death or serious injury or illness of persons to whom the safety duty was owed;
the personal expertise or experience that the person or an employee or agent of the person had or ought to have had.
This Act’s bill:Explanatory memorandumSecond reading speech
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