Flat Chat Strata Forum Common Property WHS Report Current Page

#27593
Lady Penelope
Strataguru

    I agree with Scotlandx’s well made points about Workcover and employees. To add further to Scotlandx’s comments, it is not only employees that an OC should be concerned about. 

    We can’t forget that the OC owes a duty of care to all occupants and visitors to ensure their safety both on, and regarding, the common property. 

    If an accident was to occur then, in determining whether the OC had breached a duty of care, the essential question is whether the OC knew or ought to have known that an element of the common property was dangerous and that the OC failed to take precautions to address the danger.

    The WHS has identified several problem issues in their Report. The OC now has knowledge of the dangers. Balcony heights that are lower than the current BCA codes are an obvious hazard to children. 

    Although a failure to comply retrospectively with building laws may not be determinative of liability, is it worth the risk? 

    See two important links below:

    https://www.lookupstrata.com.au/balustrades-regulations-strata-liability/

    https://www.lookupstrata.com.au/nsw-older-building-safety-maintenance/