Queensland Bodies Corporate and Work Health Safety regulations 2011
In 2011, Queensland legislation relating to Work, Health and Safety (WHS) was enacted. The legislation reflects the national model WHS Act with appropriate changes which enable it to operate within the Queensland jurisdiction.
In the Queensland WHS regulation module, it is stated –
For section 5(6) of the Act, a strata title body corporate that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises.
Consequently, a Queensland Body Corporate without employees and where the common property is only used by residents, probably does not have obligations under the WHS Act.
Bodies Corporate with 1 or more employees
A Body Corporate that engages a worker as an employee to undertake tasks in a common area would have obligations under the WHS Act. The extent of the obligations are beyond the scope of this discussion.
Body Corporate Act Requirements
The Body Corporate Act requires that the –
The body corporate must maintain common property in good condition, including, to the extent that common property is structural in nature, in a structurally sound condition.
Additionally, the Regulations allow under the dispute resolution proceedings that an adjudicator can order that improvements be made that –
are reasonably necessary for the health, safety or security of persons who use the common property.
When reading these two sections of the Act together, it is clear that a Body Corporate (without WHS obligations) should nevertheless always be mindful of the state of the Common property from a Work, Health and Safety perspective. Always including a safety related agenda item in Committee and AGM meetings is one way to regularly reflect on the state of your common property.
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This information has not been prepared by a legal practitioner. You should not rely on it as legal advice.