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Records required by statutory provisions

Section 41, HSWA 1974

1. Section 41 provides that where an entry is required by any of the relevant statutory provisions to be made in any register or other record, the entry is admissible as evidence of the facts stated in the register, against the person by or on whose behalf it was made. Similarly, the fact that an entry has not been made is admissible as evidence that the provision has not been observed. This section would allow the accident report form to be admitted in court as evidence of the truth of its contents.

Updated 2020-09-07