New South Wales Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - SECT 10

10 Duties of controllers of work premises, plant or substances

(1) A person who has control of premises used by people as a place of work must ensure that the premises are safe and without risks to health.

(2) A person who has control of any plant or substance used by people at work must ensure that the plant or substance is safe and without risks to health when properly used.

(3) The duties of a person under this section:

(a) do not apply to premises, plant or substances used only by employees of the person, and

(b) do not apply to premises occupied only as a private dwelling or to plant or substances used in any such premises, and

(c) extend to the means of access to or exit from a place of work, and

(d) apply only if the premises, plant or substances are controlled in the course of a trade, business or other undertaking (whether for profit or not) of the person.

(4) In this section, a person who has control of premises, plant or substances includes:

(a) a person who has only limited control of the premises, plant or substances (in which case any duty under this section applies only to the matters over which the person has control), and

(b) a person who has, under any contract or lease, an obligation to maintain or repair the premises, plant or substances (in which case any duty under this section applies only to the matters covered by the contract or lease).