Legal advice has been obtained and has advised that a leak into the property below does not constitute an emergency and therefore allowing access to that unit under the emergency provision is not lawful.
If the owner cannot be persuaded to allow entry then the advice received has been to fast track a Tribunal Hearing and expect to pay plenty for that.The problem is that in NSW there are so many tribunal requests pending that it is at least 10 weeks wait which is quite a bit of water damage.