This document contains a Q&A session about responsibilities regarding asbestos under new work health and safety laws. It discusses that the laws do not change requirements to have WorkCover insurance. If an owners corporation refuses to obtain asbestos reports or safety reports, the strata manager risks being considered legally responsible and should resign. All buildings built before 2004 must have an asbestos report, and buildings from 1990 to 2003 have until mid-2013 to comply. The document also clarifies that Victoria has not passed this legislation yet, so asbestos reporting is not obligatory, but still recommended. Many strata managers are working to put proper asbestos procedures in place.

1. Asbestos
–
A
PracAcal
Guide
to
Your
ResponsibiliAes
Under
New
Work
Health
&
Safety
Laws
Q
&
A’s
Webinar
13
March
2012
©
Copyright
2012
Teys
Lawyers
www.teyslawyers.com.au

2. How does this new legislation relate to WorkCover insurance in QLD? Does this
strengthen the claim that all bodies corporate have to have WorkCover
insurance?
The WHS laws do not change the requirement to have WorkCover for
employees.
If an OC refuses to get a safety report or asbestos report, how can we as a
strata manager avoid being considered a PCBU?
A strata manager in this situation is unlikely to avoid being considered a PCBU.
If you are unhappy with this risk, then you should resign the appointment. There
is no safe way of continuing to act and place work orders when you know that a
breach has been committed.
Is there a time frame that old buildings have to ensure they have an asbestos
report / inspection undertaken?
All buildings built before 1 January 2004 need an asbestos report. Buildings built
between 1 January 1990 and 31 December 2003 have until 30 June 2013 to
comply.
2
©
Copyright
2012
Teys
Lawyers
www.teyslawyers.com.au

3. What is the position of a strata manager where the owners corporation refuses
to obtain an asbestos register and or implement risk assessments and systems
as required by the WHS Act? Living in a regional area with mostly small, low
income strata's I know from previous experience that many will not authorise
me to obtain these reports, registers etc. Especially where they bear the cost of
flying in professionals from Sydney. I am therefore in the position where I am
required to issue work orders at their instruction pursuant to my agency
agreement even though they will not authorise the WHS side of things.
A strata manager in this situation is unlikely to avoid being considered a PCBU.
If you are unhappy with this risk, then you should resign the appointment. There
is no safe way of continuing to act and place work orders when you know that a
breach has been committed.
3
©
Copyright
2012
Teys
Lawyers
www.teyslawyers.com.au

4. I
do
have
one
quesAon.
You
made
the
point
that
Vic
has
not
passed
the
legislaAon
as
yet.
Therefore
do
I
take
it
that
OC
managers
in
Vic
are
not
yet
obligated
to
address
the
need
to
commission
reports
etc
as
yet
unAl
the
Vic
legislaAon
is
passed?
Yes,
your
understanding
is
correct.
However,
at
least
in
respect
of
health
and
safety
the
current
OHS
laws
in
Victoria
are
very
similar
and
you
should
ask
your
manager
whether
or
not
you
need
reports
now.
I
will
be
recommending
to
my
fellow
ECM’s
that
we
obtain
a
cerAfied
building
report
for
asbestos
as
quickly
as
possible.
AZer
menAoning
your
presentaAon
to
our
strata
manager
this
morning,
I
understand
that
in
the
next
few
months
all
strata
schemes
in
their
porolios
will
have
moAons
re
asbestos.
Yes,
a
lot
of
strata
managers
are
taking
our
advice
and
are
working
through
their
porolios
as
quickly
as
possible
to
have
the
proper
procedures
put
in
place.
4
©
Copyright
2012
Teys
Lawyers
www.teyslawyers.com.au