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A bespoke contract to enable service charges direct to owners who want that special service that the committee does not wish to pay for.
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Contract between a strata manager and a developer for pre-registration services.
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A bespoke up-to-date building management agency agreement template and proposal, tailored for your firm.
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An agreement from the owners corporation to owners or occupants to supply amenities, such as, electric vehicle charging infrastructure, telecommunication services, window cleaning, garbage disposal and recycling services.
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Posted 22 August 2024
Category: Strata, WH&S
All managing agents should make note of the recent decision of SafeWork NSW v Maluko Pty Ltd [2023] NSWDC 274 which is explained below and should carefully consider the following :
SafeWork NSW v Maluko Pty Ltd [2023] NSWDC 274.
*Please note that proceedings are still on foot against the owners corporation and the managing agent but the decision against an employer at the strata scheme has been published which is summarised below.
Facts of the Criminal Case (Background)
The parties to the proceedings include:
Builder
Owners Corporation
Works – Gate
Damage to the Gate
The Incident
Owners Corporation Conduct following āDamage to the Gateā
Prosecutionās Case
Guidance Material
Following the determinative issue of whether the maximum penalty applies, the Court considered Malukoās mitigating factors and capacity to pay a fine.
Malukoās Defences
Decision/Penalty
Change to the Act concerning the ability for insurance to cover a penalty
Effective from 10 June 2020 following the inclusion of section 272A to the Act it is no longer permissible for insurance products to indemnify the insured for penalties imposed under the Act for incidents occurring after that date.Ā
This is significant as managing agents are often a PMWC, regardless of whether their client is exempt from being a PCBU under section 7 of the Work Health & Safety Regulation 2020 (Regulation).Ā Further, this exemption is commonly misapplied and does not apply to owners corporations where common property is used for non-residential purposes, like, short term letting or telecommunications facilities.
How do we help?
We help management companies:
It is fair to say that in the strata industry the Act is widely misunderstood and not complied and for the vast majority there is a lot of room for improvement.
If you need a Work Health & Safety policy or assistance with your existing one click the icon below to view our flyer and see what we can offer you today!
We have also written to the Minister for Industrial Relations, and Minister for Work Health and Safety in this regard to seek reform, but any reform typically takes a long time and may not be forthcoming.Ā Please see link below for more information.
For more information regarding Work Health & Safety requirements, watch Bannermans Lawyers āWH&S – Requirements for Group Title Schemes’ webinar to learn about the importance of your scheme having a WH&S policy.
Related ArticlesĀ
Work Health & Safety Implementation GuideĀ
Important Work Health & Safety Case Part 2: Owners Corporation penalised $225,000 as a PCBU
Work Health & Safety Act 2011 and the Work Health & Safety Regulation 2011
Is Your Strata Scheme Exempt From Complying With WH&S?
Safety Reports in Strata Schemes and Occupiers Liability
Owners Corporationās Duty to ensure safety of the Common Property