South Australian Current Acts

WORK HEALTH AND SAFETY ACT 2012 - SECT 34

34—Exceptions

        (1)         To avoid doubt, an officer of a prescribed strata/community titles corporation who is a volunteer does not commit an offence for a failure to comply with a duty under section 27 (but may be liable for a failure to comply with another duty under this Act).

        (2)         A volunteer does not commit an offence under this Division for a failure to comply with a health and safety duty, except a duty under section 28 or 29.

        (3)         An unincorporated association does not commit an offence under this Act, and is not liable for a civil penalty under this Act, for a failure to comply with a duty or obligation imposed on the unincorporated association under this Act.

        (4)         However—

            (a)         an officer of an unincorporated association (other than a volunteer) may be liable for a failure to comply with a duty under section 27; and

            (b)         a member of an unincorporated association may be liable for failure to comply with a duty under section 28 or 29.

        (5)         In this section—

"prescribed strata/community titles corporation" means—

            (a)         a body corporate established under the Strata Titles Act 1988 or the Community Titles Act 1996 ; or

            (b)         a company that holds land for the purposes of a building unit scheme consisting of 2 or more properties designed for separate occupation where the buildings comprising the scheme were erected before 22 February 1968.