Australian Capital Territory Numbered Acts

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WORK SAFETY ACT 2008 (NO. 51 OF 2008) - SECT 17

Person not relieved of duty because someone else also has same duty

    (1)     This section applies if 2 or more people have the same duty under this Act.

    (2)     To remove any doubt, each person must comply with the duty whether or not someone else may also be required to comply with the duty.

    (3)     However, if this Act requires or allows 2 or more people to do something, it is sufficient if 1 of them does the thing.

Example

Both an employer and a building owner have a duty to provide a safe work environment for the workers in a particular building. If the air conditioning breaks down and is fixed by the building owner, the duty has been complied with. There is no requirement for the employer to take further action.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).



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