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1. The 10 Step Guide To WHS & Asbestos
Compliance
Michael Teys is the Founder and Principal Lawyer of TEYS Lawyers. He has
a Bachelor of Laws and practices exclusively in the area of strata title law. He
is a Fellow of the Australian College of Community Association Lawyers. He
was formerly an Adjunct Lecturer with Charles Sturt University. He appears
weekly on SKY News Business Channel's Property Success with Margaret
Lomas and is a regular panellist for the property edition of Your Money, Your
Call
for
the
same
channel.
You
can
read
Michael’s
blog
www.michaelteys.com and follow him on Twitter at @MichaelTeys.com
Last Revised 23 April 2012
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au
at

2. 1. WHS & Asbestos Laws Apply If
Strata entities directly employ staff;
or
Common areas are used for non-residential
purposes
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

3. 2. Non-Residential Purposes Means No
OC / BC employees
Commercial lots in a scheme
On-site letting agent
Lots used as home businesses
Lots used for short term
accommodation
• Communication towers /
satellite dish / advertising signs
• Paid workers temporarily on
site.
•
•
•
•
•
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

4. 3. Residential Strata Have Strict Liability
For Repairs & Maintenance
Seiwa case principles for
OC / BC’s:
1.Must means ‘must’
2.Proactivity required
3.Fix defects first, sue later
4.Applies to all the common
property
5.Lot owners can sue for
breach
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

5. 4. The Basic WHS Duty Of Care
“To ensure, so far as is
reasonably practicable, the
health and safety of
workers and other
persons”
Hargreaves v Telstra Corp Ltd
[2011] AATA 417 (17 June
2011) is the high water mark
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

6. 5. Strata Officers Must Consult On
WHS
• Committee members
• Strata managers
• Building managers
Must
• Consult
• Communicate
• Co-operate
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

7. 6. Strata Officers Must Be Proactive
“An officer of a PCBU must exercise
due diligence to ensure that the PCBU
complies with its duties and
obligations”
1.Keep up to date
2.Understand operations
3.Eliminate or minimise risks
4.Process information
5.Supply resources and processes
6.Verify provision and use of
resources and processes
S.27 WHS Act 2011
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

8. 7. Special Rules For Asbestos
•
•
Must have a register in
any event
•
Register must be kept
on site
•
Asbestos management
plan required if
asbestos is identified
•
© Copyright 2012 Teys Lawyers
Must identify all
asbestos
For major repair or
demolition special rules
and procedures must
be devised
www.teyslawyers.com.au

9. 8. The Personal Stakes For Non- Compliance
Are Higher
• Recklessness / risk
– OC / BC $3million
– Committee $600,000 / 5 years jail
– SM $300,000 / 5 years jail
• Breach / risk
– OC / BC $1.5 million
– Committee $300,000
– SM $150,000
• Breach
– OC / BC $500,000
– Committee $100,000
– SM $50,000
• Directors and officers insurance
not available for this risk
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au

10. 9. Common Law Safety Duties Overlap
With Statutory Laws
The common law of
occupiers liability
WHS Act 2011
© Copyright 2012 Teys Lawyers
SM 159 / AM 157
www.teyslawyers.com.au

11. 10. We Can Help You Develop A Systematic
Approach to Due Diligence
• 27 page checklist style report
• Specifically addresses the 6 due
diligence requirements
• Contains 8 easy to use forms
and precedents
• Customised for each OC at
$395 + GST
© Copyright 2012 Teys Lawyers
www.teyslawyers.com.au