Common areas used only for residential purposes where no workers or contractors are engaged
The exemption was granted under the Work Health and Safety Regulation 2011.
Exemption No 008/16 commenced 4 November 2016 and has effect until revoked.
Nature of exemption
The Eeemption is made by SafeWork NSW on its own initiative.
A company title corporation is exempt from compliance with the provisions of the Regulation applying to a person conducting a business or undertaking set out in schedule 2, insofar as the company title corporation is responsible for any common areas used only for residential purposes and those provisions of the Regulation would otherwise apply to it, subject to the conditions in schedule 1.
Nothing in the exemption affects any other applicable requirement imposed by law in relation to the matters the exemption applies to.
In particular, nothing in the exemption exempts a company title corporation from compliance with:
- Clause 10 of the Regulation (concerning the application of the Act to dangerous goods and high risk plant) or
- Any provision of the Regulation requiring a person to hold a high risk work licence.
For the purposes of the exemption:
- Company title corporation means a company registered under the Corporations Act 2001 of the Commonwealth that is the owner of land if ownership of a share or shares in that company entitles the owner of the share or shares to the exclusive use and occupation of residential premises on that land, but does not include an owners corporation within the meaning of the Strata Schemes Management Act 1996 or an association within the meaning of the Community Land Management Act 1989.
- Person conducting a business or undertaking has the same meaning as in the Work Health and Safety Act 2011.
- Regulation means the Work Health and Safety Regulation 2011
- Act means the Work Health and Safety Act 2011
The exemption is subject to the following conditions:
- It will not apply if a company title corporation engages any worker as an employee.
- It does not extend to the requirements imposed by the Regulation on any contractors engaged by a company title corporation.
The exemption applies to the following provisions of the Regulation:
- Chapter 2, Parts 2.1, 2.2, 2.3 and 2.4
- Chapter 3, Parts 3.1 and 3.2
- Chapter 4, Parts 4.1, 4.2, 4.3, 4.4, and 4.7 only
- Chapter 5, Parts 5.1, 5.2 and 5.3
- Chapter 6, Parts 6.1, 6.2, 6.3 and 6.5 only
- Chapter 7, Part 7.1 but not including clause 328(1A)
- Chapter 8, Parts 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.7, 8.8, 8.9 and 8.10
Published in Government Gazette of the State of New South Wales, number 88, Friday 4 November 2016.