Units, apartments and townhouses operating under a community title scheme (sometimes also known as 'strata title') have a body corporate established to administer the common property of the complex on behalf of the owners of lots within the complex. While most will be owner occupied or leased to tenants, some complexes will vary by: operating as holiday rental properties having mixed purpose use, for example shops and restaurants on the ground floor of a high rise residential unit block having onsite management to oversee property management and rental.
An owner or occupier of a unit, apartment or townhouse used for residential purposes does not have duties under the Work Health and Safety Act 2011 (the WHS Act) except under particular circumstances. See information provided under Residential premises.
If the body corporate engages any worker as an employee, it will be a PCBU and have duties under the Act
Under the Act, a body corporate under the Body Corporate and Community Management Act 1997 (BCCM Act) or covered by one of the specified acts under section 326 of the BCCM Act, which uses its common areas for residential purposes only and does not employ a worker under a contract of service is not regarded as a person conducting a business or undertaking (PCBU). However, if the body corporate engages any worker as an employee, it will be a PCBU and have duties under the Act, to ensure so far as is reasonably practicable: the health and safety of its workers in the workplace that the workplace, the means of entering and exiting the workplace and anything arising from the
workplace are without risks to the health and safety of any person the fixtures, fittings and plant are without risks to the health and safety of any person. In addition, if the body corporate is responsible for common areas used for commercial purposes (for example, shops or restaurants), then it has duties of care under the Act for these areas.
Where the body corporate is responsible for common areas used only for residential purposes (and so is not regarded as a PCBU) then officers of the body corporate do not have officer duties under the Act. However, if the body corporate is a PCBU, then the body corporate officers must exercise due diligence to ensure that the body corporate complies with its duties under the Act. Volunteer members of the body corporate are excluded from being prosecuted as an officer under the WHS Act. For more information on the duty of officers, please refer to the due diligence.
The onsite manager (would) have duties of care under the Act, ... if the onsite manager is self employed
A body corporate may decide to engage or employ an onsite manager to arrange for contractors to carry out maintenance and other work on the common property of the residential complex, and/or arrange for short term property rentals. Under the Body Corporate and Community Management Act 1997, caretaking service contractors, commonly known as resident managers, are usually engaged by the body corporate under a contract for service. If the body corporate engages an onsite manager to carry out work as a contractor (not as an employee), and the body corporate is responsible for common areas used only for residential purposes, the body corporate would not be a PCBU under the Act. In this case, the onsite manager would have duties of care under the Act, for example, if the onsite manager is self employed. Then the manager would have the duty of a PCBU. When a manager lives onsite, the manager may be a resident using their domestic premises to carry out work for the body corporate or there may be a separate office area for managing the complex.
If a strata title complex uses or operates high risk plant such as air-conditioning units, cooling towers, lifts, and LP gas cylinders, the strata title body corporate has a duty of care for the health and safety of persons using the high risk plant. The strata title body corporate also has a duty of care if dangerous goods such as liquefied petroleum gas (LPG) or pool chlorine are stored over the threshold in section 328, table 328 of the WHS Regulations. Chapter 12 of the WHS Regulation 2011 outlines these duties which include the management of risks for high risk plant and dangerous goods and the registration, maintenance and inspection of the high risk plant.
Last updated 18 November 2013 © The State of Queensland (Department of Justice and Attorney General)