It seems that we have created some healthy discussion on the WH&S legislation. In reality people need to generally calm down as the end is not necessarily in sight.
As I have discussed in the papers I have prepared for clients and my discussions with Safe Work Australia there are a number of key concepts.
Firslty if the scheme is entirely residential then you are exempt from obligations. However, when work is being undertaken you will be a work site for the duration of that work.
The old “grey area” will be things like mixed use developments, people working from home (internet businesses or home offices) etc.
The best advice I can give is get an expert to review your circusmtacnes (see the motions in the paper) and whilst you cannot rely on them 100% it should give you sufficient information to make an informed decision.
Before you ask – I don't do the inspections. We prepared the information for the assitance of clients to deal with the new legislation.
I hope this helps.
Colin