There are two options for the use of reasonably practicable as a qualifier of the duties of care.
Option one – Incorporate reasonably practicable as an element of the duty of care (currently, the approach in all Australian jurisdictions, other than NSW and Qld).
Option two – The duty of care is not limited by reference to reasonably practicable, which, as currently in NSW and Qld, only appears as an element of a defence to a breach of the duty (in this way it still limits the otherwise unqualified nature of the duty, as the duty holder is not guilty of a contravention if meeting the standard, or another element of the defence).
