South Australian Current Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 295

295—Designer must give safety report to person who commissions design

        (1)         The designer of a structure or any part of a structure that is to be constructed must give the person conducting a business or undertaking who commissioned the design a written report that specifies the hazards relating to the design of the structure that, so far as the designer is reasonably aware—

            (a)         create a risk to the health or safety of persons who are to carry out any construction work on the structure or part; and

            (b)         are associated only with the particular design and not with other designs of the same type of structure.

Maximum penalty:

            (a)         In the case of an individual—$3 600.

            (b)         In the case of a body corporate—$18 000.

Expiation fee:

            (a)         In the case of an individual—$432.

            (b)         In the case of a body corporate—$2 160.

        (2)         If the person conducting a business or undertaking who commissions a construction project did not commission the design of the construction project, the person must take all reasonable steps to obtain a copy of the written report referred to in subregulation (1) in relation to that design.

Maximum penalty:

            (a)         In the case of an individual—$3 600.

            (b)         In the case of a body corporate—$18 000.



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