A bespoke up-to-date strata management agency agreement template and proposal, tailored for your firm!
We collect your personal information for the purpose of delivering our services. By providing this information, you confirm that you have read and consent to the processing of your personal information in accordance with our Privacy Policy.
A bespoke up-to-date BMC agency agreement template and proposal, tailored for your firm!
We collect your personal information for the purpose of delivering our services. By providing this information, you confirm that you have read and consent to the processing of your personal information in accordance with our Privacy Policy.
A bespoke contract to enable service charges direct to owners who want that special service that the committee does not wish to pay for.
We collect your personal information for the purpose of delivering our services. By providing this information, you confirm that you have read and consent to the processing of your personal information in accordance with our Privacy Policy.
A bespoke up-to-date community, precinct and neighbourhood agency agreement template and proposal, tailored for your firm!
We collect your personal information for the purpose of delivering our services. By providing this information, you confirm that you have read and consent to the processing of your personal information in accordance with our Privacy Policy.
Contract between a strata manager and a developer for pre-registration services.
We collect your personal information for the purpose of delivering our services. By providing this information, you confirm that you have read and consent to the processing of your personal information in accordance with our Privacy Policy.
A bespoke up-to-date building management agency agreement template and proposal, tailored for your firm.
We collect your personal information for the purpose of delivering our services. By providing this information, you confirm that you have read and consent to the processing of your personal information in accordance with our Privacy Policy.
A tailored by-law for your renovation works.
We collect your personal information for the purpose of delivering our services. By providing this information, you confirm that you have read and consent to the processing of your personal information in accordance with our Privacy Policy.
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.
We collect your personal information for the purpose of delivering our services. By providing this information, you confirm that you have read and consent to the processing of your personal information in accordance with our Privacy Policy.
Legal advice to inform you of the measures to take to properly balance the contract and make it legally compliant.
We collect your personal information for the purpose of delivering our services. By providing this information, you confirm that you have read and consent to the processing of your personal information in accordance with our Privacy Policy.
Advice on the impact of the insurance and terms of the deed of release.
We collect your personal information for the purpose of delivering our services. By providing this information, you confirm that you have read and consent to the processing of your personal information in accordance with our Privacy Policy.
Advice regarding losses following defective reports following property purchase.
We collect your personal information for the purpose of delivering our services. By providing this information, you confirm that you have read and consent to the processing of your personal information in accordance with our Privacy Policy.
Click here to call us +61 2 9929 0226
Posted 17 July 2023
Category: Strata
TO: | Sophie Cotsis
Minister for Industrial Relations, and Minister for Work health and Safety |
PREPARED BY: | BANNERMANS, LAWYERS Level 2, Suite 1, 65 Berry Street NORTH SYDNEY NSW 2060PO Box 514 NORTH SYDNEY NSW 2059 www.bannermans.com.au |
SUBJECT: | Proposed Reform in Relation to the Work Health and Safety Act 2011 |
1. Introduction
This is a submission from Bannermans Lawyers proposing reform in relation to a number of issues with the Work Health and Safety Act 2011 (“Act”) and Work Health and Safety Regulation 2017 (“Regulation”). The essential issue is that certain provisions of the Act and Regulation, in the context of the unique circumstances in which strata managing agents perform functions on behalf of strata owners corporations, have an anomalous effect in the strata sector, which has the potential effect of undermining work health and safety, rather than furthering it.
Bannermans Lawyers is a Sydney based practice focused on property law, particularly strata law. The practice employs approximately 20 solicitors and a number of support staff, all of whom are actively engaged in legal matters relating to the strata industry, including acting for developers, builders, owners corporations, community associations, neighbourhood associations, building management committees, lot owners, strata managing agents, building managers, insurance industry businesses and contractors. In the course of this practice, we have gained considerable expense in relation to the ways in which the strata legislation impacts on these stakeholders and the potential for specific reforms to either address existing issues or introduce new problems.
2. Relevant Legislative Framework
The legislative provisions relevant to this submission, copies of which are extracted in the appendix to the submission, are as follows:
3. Impact of Legislative Framework
We submit that these have an anomalous effect in the unique circumstances of a strata managing agents performance of delegated functions for an owners corporation client, having the potential effect of undermining work health and safety, rather than furthering it. In particular:
4. Proposed Reforms
We propose that these issues be addressed by way of the following reforms:
Please let us know if you require any additional information or would like to discuss any of the matters raised in this submission.
Yours faithfully
BANNERMANS
David Bannerman
dbannerman@bannermans.com.au
Acc. Spec. (Prop.)
Principal
APPENDIX
WORK HEALTH AND SAFETY ACT 2011 – SECT 19
19. Primary duty of care
while the workers are at work in the business or undertaking.
the person conducting the business or undertaking must, so far as is reasonably practicable, maintain the premises so that the worker occupying the premises is not exposed to risks to health and safety.
WORK HEALTH AND SAFETY ACT 2011 – SECT 20
20. Duty of persons conducting businesses or undertakings involving management or control of workplaces
WORK HEALTH AND SAFETY REGULATION 2017 – REG 7
7
WORK HEALTH AND SAFETY ACT 2011 – SECT 272A Prohibition on certain insurance or indemnity arrangements
272A Prohibition on certain insurance or indemnity arrangements
A person must not:
: Maximum penalty:
To see the Minister’s response please see below.