As discussed in chapter 13, NSW and Queensland respectively provide for a duty of care that is qualified by a standard of reasonable practicability (in NSW) or reasonable precautions (in Qld), but make proof of taking action to the relevant standard a defence in proceedings for a breach of the duty of care.372
It is an alternative defence under the NSW provision to show that the commission of the offence was due to causes over which the person had no control and against the happening of which it was impracticable for the person to make provision.373
The Queensland provision is more elaborate.374 It is a defence to a prosecution for a breach of a duty of care for the duty holder to show that the duty holder had followed a way of preventing or minimising exposure to a risk that was prescribed by a regulation or ministerial notice or stated in a code of practice.375If there is no such regulation, notice or code of practice, the duty holder has a defence where an appropriate way of managing exposure to the relevant risk was adopted and the duty holder took reasonable precautions and exercised proper diligence to prevent the contravention.376
