Implementing Australian Standards

Standards Australia, Australia’s peak non-government Standards body, publish Australian Standards (Standards), designed in consultation with government, industry, business, academia and consumers, as a minimum benchmark for safety, reliability and performance criteria for products, processes and services. 

Standards are developed for a number of reasons including; voluntary or mandatory applications, regulatory compliance, contractual purposes, and guidance. 

Whilst Standards have no legal status on there own, Standards are often referred to within legislative instruments such as the WHS Act, WHS Regulation, codes of practice and industry guidelines. When this occurs, the referred Standard becomes mandatory and is subject to the courts scrutiny.

Insofar as Standards within the context of the Act or Regulation is concerned, the onus is on duty holders (PCBU’s) to prove they are meeting, and or exceeding, the minimum requirements as prescribed within the applicable Standard. If indeed this is the case, the duty holder (PCBU) is deemed to satisfy, what is referred to within the Act, as meeting the standard of behaviour expected of a reasonable person in the duty-holders position and who is required to comply with the same duty – also known as “reasonably practicable”.

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