Australian Capital Territory Current Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORK HEALTH AND SAFETY REGULATION 2011 - REG 295

Designer must give safety report to person who commissions design

    (1)     The designer of a structure or any part of a structure that is to be constructed must give the person conducting a business or undertaking who commissioned the design a written report that states the hazards relating to the design of the structure that, so far as the designer is reasonably aware—

        (a)     create a risk to the health or safety of persons who are to carry out any construction work on the structure or part; and

        (b)     are associated only with the particular design and not with other designs of the same type of structure.

Maximum penalty:

        (a)     in the case of an individual—$3 600; or

        (b)     in the case of a body corporate—$18 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (2)     If the person conducting a business or undertaking who commissions a construction project did not commission the design of the construction project, the person must take all reasonable steps to obtain a copy of the written report mentioned in subsection (1) in relation to that design.

Maximum penalty:

        (a)     in the case of an individual—$3 600; or

        (b)     in the case of a body corporate—$18 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback