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Safety Reports

Safety is more than WHS, It’s about managing your risk

Under common law, a Strata Scheme has a duty of care and must take reasonable care to ensure that anyone, including owners, tenants, visitors and even trespassers, who come onto the premises, is not injured.

To manage your risk, you need to ensure that you are compliant with the following regulations and legislation:

Australian Standard
Associated fine
AS 1851:2005 Maintenance of fire protection systems and equipment$2 000
AS 1596:2008 The storage and handling of LP Gas$2 000
AS 1926.1:2007 Swimming Pool Safety$2 000
AS 3745:2010 Planning for emergencies in facilities$200 000
AS/NZS 3000:2007 Electrical installations$4 000
New South Wales Legislation Associated fine
Work Health and Safety Act 2011$3 000 000
Work Health and Safety Regulations 2011$30 000
Environmental Planning and Assessment Act 1979$11 000
Environmental Planning and Assessment Act 1979$1 100 000
The Building Legislation Amendment (Smoke Alarms) Act 2005$550
Strata Schemes Management Act 1996$5 000
Strata Schemes (Freehold Development) Act 1973$15 000
Strata Schemes (Leasehold Development) Act 1986$500
Community Land Management Act 1989$2 000
Strata Schemes Management Regulation 2010$500

Some of the most common duty of care risks can include:

  • Cracked, broken or unrepaired surfaces;
  • Leaky roofs causing water pooling & potential slipping hazards;
  • Uneven surfaces;
  • Unexpected elevation changes;
  • Slippery surfaces, (e.g. wet or tiled floors);
  • Missing or loose handrails on stairs;
  • Steps, staircases, handrails that do not comply with relevant building codes
  • Debris or obstruction on walking paths

The cost of litigation arising from someone injuring themselves on your property is costly. An example of this is the Cameron Toomey case in Queensland. The body corporate manager and builder were among the 6 defendants and the result was a $3.211 million ruling against them. The case took 5 years and at the conclusion blame was not apportioned so the defendants then started another court case to sort who pays what percentage.

Meeting your safety obligations can be made easier with good quality, professional help. Solutions in Engineering are backed by over 30 years’ experience and the backbone of the engineering discipline.

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