(1) A person with management or control of a workplace at which construction work is carried out must ensure, so far as is reasonably practicable, that the workplace is secured from unauthorised access.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) In complying with subregulation (1), the person must have regard to all relevant matters, including:
(a) risks to health and safety arising from unauthorised access to the workplace; and
(b) the likelihood of unauthorised access occurring; and
(c) to the extent that unauthorised access to the workplace cannot be prevented – how to isolate hazards within the workplace.
Example for subregulation (2)(b)
The proximity of the workplace to places frequented by children, including schools, parks and shopping precincts.