Managing Building
Compliance
Obligations
(Existing Buildings)
A Guide for Government of South Australia Agencies
Published by the Government of South Australia, December 2013
Government of South Australia, 2013
Reproduction of this publication is encouraged, provided that due acknowledgement is given
to the Government of South Australia
Foreword
Government of South Australia agencies are obliged to comply with a growing number of
legislative requirements and government directives. Achieving compliance is becoming
increasingly difficulty given their ageing asset portfolios and other pressures on limited
financial resources.
The obligations include those related to fire and life safety requirements, hazardous
substances, earthquake resistance, environmental protection, energy, environmentally
sustainable development, disability access and heritage.
These guidelines are intended to assist government agencies deal with these demands in a
planned and balanced manner, within the context of their asset management planning. The
process of raising the level of compliance in a progressive and prioritised manner, based
upon benchmarking, continuous improvement and risk management principals, should
enable government agencies to manage their compliance obligations in a cost-effective
manner. The development and implementation of action plans may demonstrate ‘due
diligence’.
If government agencies responsible for building assets do not comply with legislation and
government directives and cannot demonstrate due diligence, the government and its
government agencies may be exposed to litigation for damages through Statute Law or
Common Law. In some instances, the Chief Executive is held personally accountable.
These guidelines will be revised regularly to reflect any major amendments made to
legislation and government directives.
Page 3
Executive Summary
Organisations are obliged to comply with a growing number of building related legislative
requirements and government directives. Achieving compliance is becoming increasingly
difficult given the aging nature of most asset portfolios along with advances in the standard
of living and with it, heightened public expectations and associated competing pressures on
limited financial resources.
This guide outlines the array of compliance obligations arising from legislation and
government directives/policies, with a focus on the management of existing building assets
and the implications for building owners and managers. Some guidance is given on how to
deal with these requirements as an integral part of the strategic asset management planning
process.
Particular obligations are discussed under generic headings, such as General Safety,
Disability Access, and Environmental Protection. A Glossary of Terms is provided in
Appendix A.
Existing buildings pose some confronting decisions for building owners and managers
already dealing with a plethora of other asset management performance issues. New
buildings are required to meet current standards, but existing buildings are trapped in time
and subject to changing community and business standards and advances in technologies.
Compliance obligations are one of a suite of performance measures that generally reflect the
asset requirements of an organisation’s business service delivery objectives. Together they
form a significant measure of performance and unlike most other measures is accompanied
by legal and due diligence responsibilities. They therefore need to be dealt with in a
structured way that ensures they are being appropriately managed within a range of other
operational priorities and financial constraints.
The aim of the guide is to help government agencies take a more balanced view of the
impact of legislation and directives on their assets. It also highlights the need for authorities
to take a more consistent and integrated approach within the context of overall legislative
obligations, while recognising the competing demands for scarce resources.
Common Approach to Compliance
This guide advocates dealing with compliance obligations in accordance with the asset
management planning processes and in particular emphasises the application of the risk
management tool and the notion of continuous improvement.
Most legislation acknowledges that it is often impracticable to immediately achieve full
compliance, at least initially, and uses terms such as ‘as far as is reasonable’ or ‘as far as is
reasonably practicable’. Risk management principles outlined in AS/NZS ISO 31000:2009
Risk managementPrinciples and guidelines, can be applied to determine what constitutes
a reasonable level of compliance within funding restraints and business service obligations.
This process can be applied to the range of compliance obligations as well as particular
obligations.
Agencies should note that the Risk Management Policy Statement, Government of South
Australia, 2009 requires the application of risk management principles to all activities.
With this in mind, government agencies responsible for building assets must ensure fire, life
safety, access, environmental and other compliance issues are covered by an appropriate
risk management strategy. This involves identifying, analysing and evaluating risk,
considering various remedial options and the associated level of residual risk, and
developing a risk treatment or action plan. The latter should be integrated into the asset
management plan for a particular building.
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The first step is to undertake a risk assessment of an agency’s asset portfolio to prioritise
areas of highest risk. This may involve categorising types, ages and the critical nature of
assets. Hot spots can then be identified and each investigated in more depth, i.e. by ‘drilling
down’. This helps ensure that various compliance risks are dealt with in a balanced and
prioritised manner within the ‘big picture’, and that issues are not merely considered in
isolation.
It is important to bear in mind that risk management is more about managing risks rather
than completely eliminating them, although the latter may be required in certain lifethreatening circumstances. Together with adopting a risk management approach,
government agencies should adopt performance assessment/management and continuous
improvement principles so that the ‘compliance bar’ is progressively raised over time and
ensure that compliance ‘gaps’ are tackled. Such an approach demonstrates that ‘duty of
care’ and ‘due diligence’ obligations are met.
This guide is intended to help government agencies understand the benefits from managing
their compliance obligations and applying risk management principles. This approach
should set an acceptable base line standard when considering particular obligations that
impact upon buildings such as the following.

General Safety

Building Code of Australia (BCA)

Fire Safety and Protection

Hazardous Substances

Earthquake Resistance

Disability Access and Egress

Environmental Protection

Public and Environmental Health

Ecologically Sustainable Development (ESD) including Energy

Heritage Conservation

Native Vegetation

Emergency Management

Aged Care
Page 5
Contents
Foreword............................................................................................................................... 3
Executive Summary .............................................................................................................. 4
Common Approach to Compliance .................................................................................................... 4
Introduction ........................................................................................................................... 7
Background........................................................................................................................... 8
Main Compliance Requirements ......................................................................................... 11
Main Legislation ............................................................................................................................... 11
Government Directives .................................................................................................................... 11
Responding to Increasing Standards .................................................................................. 13
Approach to Compliance ..................................................................................................... 15
Particular Compliance Obligations ...................................................................................... 18
General Safety ................................................................................................................................. 18
Building Code of Australia................................................................................................................ 19
Fire Safety and Protection ............................................................................................................... 20
Hazardous Substances .................................................................................................................... 21
Earthquake Resistance .................................................................................................................... 22
Disability Access and Egress ........................................................................................................... 23
Environmental Protection ................................................................................................................. 24
Public and Environmental Health ..................................................................................................... 25
Ecologically Sustainable Development (ESD) including Energy ..................................................... 25
Heritage Conservation ..................................................................................................................... 26
Native Vegetation ............................................................................................................................. 27
Emergency Management ................................................................................................................. 28
Aged Care ........................................................................................................................................ 29
Other Requirements ......................................................................................................................... 29
Proximity to Power Lines and Telecommunication Carrier Cables ............................................ 29
Summary ............................................................................................................................ 31
Appendix A: Glossary of Terms ........................................................................................... 32
Appendix B: Key Changes in Building Standards Since 1960s............................................ 33
Appendix C: Development Act 1993 – Section 53A ............................................................. 35
References ......................................................................................................................... 36
Page 6
Introduction
New buildings are required to meet current standards, but existing buildings are trapped in
time and subject to changing community and business standards and advances in
technologies. Existing buildings pose some confronting decisions for building owners and
managers already dealing with a plethora of other asset management performance issues.
Compliance obligations are one of a suite of performance measures that generally reflect the
asset requirements of an organisation’s business service delivery objectives. Unlike most
other measures, compliance obligations are accompanied by legal and due diligence
responsibilities.
Most government agencies are familiar with the need to maintain and upgrade their assets to
meet business delivery (functional) requirements. However, government agencies may be
less familiar with, and pay less attention to, their compliance and due diligence obligations
as asset owners. This guide seeks to redress this imbalance and has the following main
objectives.

To raise the awareness of Government of South Australia agencies to their obligations,
as building asset owners, to comply with legislation and government directives related
to general safety, fire safety and protection, disability access, heritage, environmental
and other imperatives.

To clarify their legal and due diligence responsibilities.

To indicate how they might manage these in a holistic way.

To direct government agencies to sources of further information.
Organisations are obliged to comply with a growing number of building related legislative
requirements and government directives. Achieving compliance is becoming increasingly
difficult given the aging nature of most building portfolios along with advances in the
standard of living and with it, heightened public expectations and associated competing
pressures on limited financial resources.
This guide outlines the array of compliance obligations arising from legislation and
government directives/policies, with a focus on the management of existing building assets
and the implications for building owners and managers.
Firstly, the guide outlines the range of compliance obligations, including legislative
requirements and government directives/policies, and highlights common principles.
Next, some guidance is provided on how to deal with these requirements so that they
become part of the strategic asset management planning process. To make it easier for
readers, individual obligations are discussed under generic headings, such as General
Safety, Disability Access, and Environmental Protection. A Glossary of Terms is also
provided at Appendix A.
The guide is also expected to make it possible for government agencies to take a more
holistic view of the impact of legislative requirements on themselves and their assets, by
applying a structured approach including risk management techniques to prioritise a range of
compliance measures competing with other building performance requirements. This helps
government agencies take a more balanced view of the impact of legislation and directives
on their assets. It also highlights the need for authorities to take a more consistent and
integrated approach within the context of overall legislative obligations, while recognising the
competing demands for scarce resources.
Some guidance is given on how to deal with these requirements as an integral part of the
strategic asset management planning process.
Page 7
Background
In recent times legislative requirements and government directives have increased
significantly in line with rising community expectations concerning health, safety, access and
environmental protection for building occupants, by those who use government services and
the wider community (see Figure 1 below and Appendix B).
Figure 1 outlines the compliance impact over time.
In a business environment of competition for limited resources, government agencies are
Page 8
faced with the simultaneous challenges of:

dealing with heightened public expectations

confronting potential legal liabilities arising from ageing assets

meeting the business functional needs of users configured to deliver services to the
community.
There are inherent risks associated with ageing buildings. They are subject to varying
degrees of physical, functional, technological and economic obsolescence. Identifying and
managing these risks has emerged as an important component of effective asset
management.
The challenge is to optimise service capabilities and respond appropriately to changing
business and legislative circumstances within financial constraints, particularly where major
refurbishment or replacement is deferred or deemed impractical.
Case Study: Fire in Residential Care Facility – Coroner’s findings
A fire within residential premises (Kew Cottages, Victoria) resulted in the death of nine
residents. At the time of the fire a fire safety system upgrade was in progress but not
completed. The Coroner found that the public sector owner had a duty of care to
residents, clients and staff that could not be delegated to third parties. This meant that
the owner was ultimately responsible for ensuring that maintenance was properly
undertaken and monitored. The Coroner found contributory negligence against the
owner in three main areas being:

despite warnings over a number of years an efficient, a safe and proper fire safety
system was not provided

adequate interim fire safety measures were not provided

the owner failed to adequately monitor, supervise or manage the fire risk behaviour
of residents.
As a result of the fire, the Coroner made fifteen recommendations, including:

standards should be developed governing the scope and methodology of audits

independent audits should be part of any maintenance contract of fire safety
systems

standards or a code of practice governing the scope of interim hardware (or
technical) solutions should be developed

public sector managers should be reminded of the need to manage fire risks

improving the speed of access to funding where major fire safety issues are
concerned

reviews should be undertaken involving representatives from specialised agencies.
Source: Inquest Findings, Comments and Recommendations into Fire and Nine Deaths at Kew
Residential Services on 8 April 1996, Graeme Johnstone, State Coroner’s Office,
Melbourne, Victoria, 1997
Every year the demand for investment in the existing asset base is greater than the demand
for new assets. The age and value of government assets reflect a distorted profile resulting
from the post-World War II baby boom. The outcome of this is the increasing probability of
failure to meet service delivery standards and a widening gap in meeting current legislative
obligations.
Page 9
Understandably, however, executive focus tends to be on the operational and service
delivery requirements rather than on asset management maintenance. This results in a
decline in the level of compliance with legislation and government policies, due in part to the
lack of financial resources to tackle the compliance backlog while maintaining facilities at
required levels.
In a climate of increasing litigation and political risk, failure to demonstrate due diligence in
complying with statutory requirements and directives leaves government exposed to the risk
of the injured seeking redress through the court system, and/or adverse political
consequences. Government agencies must recognise and take into account the rise in
litigation and exposure to business risk when reviewing suitable strategic capital renewal and
maintenance programs.
Page 10
Main Compliance Requirements
For government agencies the main obligations arise from the following legislation and
government directives and policies.
Main Legislation

Aged Care Act 1997 (Cth)

Building Act 1971 (ceased)

Building Regulations 1991 (ceased)

Dangerous Substances Act 1979

Dangerous Substances Regulations 2002

Development Act 1993

Development Regulations 2008

Disability Discrimination Act 1992 (Cth)

Electricity Act 1996

Emergency Management Act 2004

Environment Protection Act 1993

Environment Protection Regulations 2009

Fire and Emergency Services Act 2005

Gas Act 1997

Heritage Places Act 1993

National Construction Code (incorporating Building Code of Australia)

Native Vegetation Act 1991

Native Vegetation Regulations 2003

South Australian Public Health (Legionella) Regulations 2013

South Australian Public Health Act 2011

Work Health and Safety Act 2012

Work Health and Safety Regulations 2012
(For other legislative requirements refer to Appendix B)
Government Directives

Department of the Premier and Cabinet Circular PC020 – Upgrading of Safety and
Access in Crown Buildings, December 2002

Energy Efficiency Action Plan, Government of South Australia, 2002

Greening of Government Operations (GoGO) Framework 2004

Kyoto Protocol 1997 (second commitment period 2013-2020)

Promoting Independence: Disability Action Plans for South Australia

Risk Management Policy Statement, Government of South Australia, 2009
Page 11

State Emergency Management Plan, Government of South Australia, June 2013

Treasury Circular 314: Seismic Assessment and Earthquake Mitigation Works for
Existing Government Buildings
Page 12
Responding to Increasing Standards
With the increasing compliance requirements of legislation, codes and government
directives, as shown in Figure 1 and Appendix B, existing buildings may not always fully
comply with current standards over their life cycle. The ageing and declining performance of
existing built assets makes responding to these increasing requirements a major challenge
for government agencies.
Agencies are confronted with sustaining the capability of their existing asset base to meet a
range of performance requirements including suitability standards, utilisation targets,
physical condition and financial indicators. Compliance requirements are therefore, but one
of a number of performance requirements competing for limited funds. Given the limited
resources, seldom can all these measures be attended and therefore, a rational and
structured means of prioritising competing demands is needed.
Agencies recognise the need to respond to changing service or business requirements over
the life cycle of an asset. It is normal for an asset to undergo major refurbishments over its
life cycle to improve functionality and this intervention should trigger a raised level of
compliance with current requirements of legislation, codes of practice and standards.
However, it is not expected that such intervention will always result in achieving full
compliance – rather, a reasonable level of compliance should be achieved and, where
feasible, progressive program upgrades to full compliance should be put in place.
Where project professional service contractors are engaged their brief should include
options for upgrading, ranging from full to lesser levels of compliance, supported by a risk
management assessment based on AS/NZS ISO 31000:2009 Risk managementPrinciples
and guidelines. Their role should be seen as providing technical advice about risk
assessment in consultation with relevant stakeholders – but the decision and risk is not
theirs. Where full compliance is not achievable, government agencies need to have an
ongoing risk management plan in place to manage the gap.
Carrying out a refurbishment without attending to the more serious compliance gaps could
be construed as failure to demonstrate due diligence and even be regarded as negligent. In
this regard, Section 53ARequirement to up-grade building in certain cases of the
Development Act 1993 requires that work be carried out ‘to the extent reasonably necessary’
to ensure that the building is safe (see Appendix C). In some legislation there is an
underlying intent that, if more than 50% of the building is undergoing a change, then the
whole of the building should be brought into compliance with current requirements.
Given the long life nature of buildings, there is every likelihood that new compliance
requirements will occur following a building’s commissioning. Agencies need to be aware of
their legal obligations in relation to buildings constructed both before and after the enactment
and amendment of relevant building legislation.
Merely complying with legislation applicable at the time buildings were constructed
may not demonstrate due diligence nor will it abrogate responsibility for risk.
The case of Enzo Cardone v Trustees of Christian Brothers below, illustrates the need to
respond to changing standards. They cannot be ignored – to do so would be negligent. The
law of negligence in the area of owner’s liability derives from both Common Law and Statute
Law.
Although the Development Act 1993 focuses upon compliance of existing buildings with
legislation applicable at the time they were constructed, work health and safety legislation
(and common law due diligence) requires that current/changing standards be considered
and, where specific requirements are gazetted, these must be complied with.
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Although the National Construction Code is primarily aimed at new buildings and new
building work, the standards, and in particular the performance requirements, should be
used as a benchmark, although it may be impracticable for an existing building to ever reach
this level.1
Recent legal decisions have highlighted the need for government agencies to ensure their
buildings comply with required standards to reduce their exposure to risk. Although
buildings may have complied with standards at the time they were constructed, government
agencies still have a duty of care to ensure that buildings continue to achieve a reasonable
standard to avoid harm to people, property and the natural environment.
Enzo Cardone v Trustee of the Christian Brothers (1994)
Mr Cardone sustained injuries when he tripped and fell through a glass door at a
Canberra College. Despite the glazing complying at the time it was installed in 1966, the
College had not reacted at all to the introduction of a new Australian Standard for safety
glass (AS 1288). The judge commented as follows.
“In my view whatever may have been reasonable in 1966, once it became an Australian
Standard for safety glass to be installed, it was negligent for the defendant not to ensure
that relevant glass panels were replaced with safety glass as soon as practicable after it
became, or should have become, aware of the safety standard. It is only necessary to
conclude that such replacement, being both practicable and affordable, should have
been attended to …” (emphasis added)
The key words are “as soon as practicable” and “being both practicable and affordable.”
The College was negligent in that it took no action whatever to identify and assess the
risk and to replace the relevant glass panels. It had not produced an Action Plan that
showed that a risk assessment had been carried out to determine whether it was
reasonably practicable to make the changes.
This case highlights the need for agencies to be aware of changing Australian Standards
and to identify situations where buildings need to be upgraded towards (or to meet)
current standards to avoid claims of negligence.
th
Source: ACT Supreme Court Judgment No. SC 609 of 1991, Judge J. Higgins (30 August 1994)
1
AS 38261998 Strengthening existing buildings for earthquake, whilst not yet called up by the
Building Code of Australia, establishes the principle of a lower benchmark (lower ‘threshold loads’) for
existing buildings as compared to new projects, which are covered by AS 1170.42007 Structural
design actions, Part 4: Earthquake actions in Australia.
Page 14
Approach to Compliance
Most legislation acknowledges that it is often impracticable to achieve full compliance, at
least initially, and uses terms such as ‘as far as is reasonable’ or ‘as far as is reasonably
practicable’.
The Work Health and Safety Act 2012 states that, ‘reasonably practicable in relation to a
duty to ensure health and safety, means that which is, or was at a particular time, reasonably
able to be done in relation to ensuring health and safety taking into account and weighing up
all relevant matters.’2
A ‘reasonably practicable’ approach to dealing with compliance and one which is able to
demonstrate ‘due diligence’ is the application of key features of asset management planning.
In particular, the risk analysis tool is used to help target priority issues within the context of
managing all other performance areas necessary to meet business service delivery
requirements of the organisation for which the building provides accommodation. These
compliance obligations contribute to the range of performance measures, which together
describe the asset requirements that need to be integrated within the Asset Management
Strategy.
Risk management principles as per AS/NZS ISO 31000:2009 Risk managementPrinciples
and guidelines, can be applied to determine what is a reasonable level of risk within the
context of other business services obligations competing for limited funds.
The principles of hazard identification and risk assessment are embedded in the Work
Health and Safety Regulations 2012 (Chapter 3 General risk and workplace management,
Part1 Managing risks to health and safety), which also requires consultation with
stakeholders including relevant authorities, and the development of risk treatment or action
plans.
In any case, government agencies should note that the Risk Management Policy Statement,
Government of South Australia, 2009 requires them to apply risk management principles to
all their activities. It is important to bear in mind that risk management is more about
managing risks rather than completely eliminating them, although this may be required in
certain life-threatening circumstances.
In order to demonstrate ‘duty of care’ and ‘due diligence’, it is necessary to show how the
process of risk management has been carried out, to review progress, and to maintain
appropriate evidence and records – especially when actual standards fall short of current
standards and there may be some acceptance by authorities and other stakeholders of
‘residual risk’.
In order to meet ‘duty of care’ obligations, ‘a person conducting a business or undertaking
must ensure as far as is reasonably practicable the health and safety’,3 of the workers that
they have engaged or those whose activities are influenced by work carried out as part of
the business.
Department of the Premier and Cabinet Circular PC020 – Upgrading of Safety and Access in
Crown Buildings, December 2002, requires government agencies responsible for building
assets to deal with fire, life safety and access issues through an effective risk management
2
Work Health and Safety Act 2012, Part 2Health and safety duties, Division 1Introductory,
Subdivision 2What is reasonably practicable, Section 18.
3
Work Health and Safety Act 2012, Part 2Health and safety duties, Division 2Primary duty of
care, Section 19.
Page 15
strategy which identifies, analyses and evaluates risk, and to integrate such a strategy into
asset management plans for their Crown buildings.
The first step is to carry out a risk assessment of an agency’s asset portfolio to set priorities
based on areas of highest risk. This may involve categorising the types, ages and critical
nature of assets. Deficiencies, particularly ‘hot spots’, can then be identified, and dealt with
by investigating each in more depth. This helps ensure that various compliance risks are
attended in a balanced manner and priorities are set within the ‘big picture’, not merely
considered in isolation.
Figure 2 outlines the holistic approach to compliance using risk management principles.
The Department of Planning, Transport and Infrastructure (DPTI), Asset Performance
Management Model embedded in the Strategic Asset Management Information System
(SAMIS) encapsulates government’s asset planning process and can be applied at various
levels of detail.
The approach involves establishing measures and targets, assessing actual levels of
compliance, analysing the performance gaps, establishing priorities, developing options to
address the gaps, all resulting in a staged action plan to progressively bridge the gaps.
Refer to Department of the Premier and Cabinet Circular PC020 – Upgrading of Safety and
Access in Crown Buildings, December 2002.
Coupled with using the risk management approach, government agencies should adopt
continuous improvement principles so that the ‘compliance bar’ is progressively raised over
time, and compliance ‘gaps’ are bridged in a holistic manner. This is consistent with
performance management as per ISO 9000: 2005 Quality management systems 
Fundamentals and vocabulary and specifically AS 38062006 Compliance programs and
AS/NZS 4804:2001 Occupational health and safety management systemsGeneral
guidelines on principles, systems and supporting techniques. Such approaches are also
likely to benefit government agencies by reducing insurance premiums e.g. WorkCover
Corporation of South Australia.
Opportunities for significant intervention in existing buildings are limited. In a practical way,
as a major refurbishment approaches, it makes sense to include all priority compliance
matters, many of which may have been difficult to address without doing so in an integrated
way where access to engineering plant and services would otherwise be problematic and
costly. It is therefore preferable that compliance activity be integrated with the overall
preparation and implementation of the organisation’s Asset Management Plans.
Page 16
As already alluded, aging building portfolios are associated with declining performance and
this imposes demands upon its owners for upgrading/refurbishment and expenditure of
capital funds. With time, of course, there is a greater likelihood of changing business
objectives and practices to have occurred as indeed can be said of technology, leading to
potential functional, technological, physical, economic and legal obsolescence.
Furthermore, before treating the risk associated with performance issues, consideration
should be given to where the asset sits in its life cycle. The concept of the decay curve is a
useful tool to assist in this. As a building ages, its service potential declines and the level of
intervention will increase as major elements of plant and engineering services reach the end
of their useful lives and other performance deficiencies emerge.
Any new compliance requirements that emerge during a building’s life may not be met fully
and with the possibility of changes to an organisation’s business, other suitability factors may
render the building less effective and efficient and reduce its service capability.
With the passage of time, the base building plant and engineering service will require
replacement or refurbishment as indeed will refurbishment activity be necessary to meet
other accumulating performance deficiencies. For example, the building’s configuration may
not support changes to the business functions and aging, inefficient, legacy plant and
engineering technology may ‘trigger’ upgrade activity.
When significant upgrades occur, it can be argued that there is a ‘due diligence’ obligation to
attend non-complying regulatory issues that have occurred during the life of the building.
Indeed, as already discussed, in some legislation there is an underlying intent that, if more
than say 50% of the building is undergoing changes, then the whole of the building should
be brought into conformance with current requirements.
Page 17
Particular Compliance Obligations
General Safety
The Work, Health and Safety Regulations 2012 under the Work Health and Safety Act
2012 require that people conducting businesses or undertakings, or manage or
control a workplace must ensure buildings meet a reasonable level of safety. Failure
to provide a safe building environment is an offence that might incur a penalty for
negligence under Statute Law or Common Law.

Development Act 1993 and Development Regulations 2008

WorkCover Corporation of South Australia

Work Health and Safety Act 2012 and Work Health and Safety Regulations 2012.
Owners/occupiers and employers must ensure, so far as is ‘reasonably practicable’ (see
Appendix A) that buildings are in a condition that allows employees and the public who might
be affected by their activities to be safe from injury and risks to health4. Failure to provide a
safe building environment is an offence which may incur a penalty under Statute Law or
Common Law for negligence.
Work health and safety legislation is aimed primarily at securing the health, safety and
welfare of people at work, and covers matters such as provision of amenities, prevention of
falls, ventilation, drinking water, working in confined spaces, and general working space.
Although mainly directed at workplaces, the legislation imposes more onerous
responsibilities upon building owners and employers than other legislation. Individuals –
such as negligent public sector managers – may be prosecuted under the legislation.
Approved codes of practice under work health and safety legislation give practical guidance
on how a particular standard of health and safety can be achieved. They describe the
preferred methods for meeting health and safety obligations. Whilst such standards must
always be considered, there may be circumstances where upgrading to current standards is
not ‘reasonably practicable.’ In some cases, a lesser standard may be acceptable if
government agencies can demonstrate that the general principles under the legislation have
been followed and have established and documented reasons why the lesser standard was
considered reasonable. On the other hand, sometimes buildings may need to be upgraded
to a level that meets or exceeds current standards to provide an appropriate level of
protection. For further information on the codes of practice, refer to heading ‘Hazardous
Substances’.
A comprehensive discussion of work health and safety issues is beyond the scope of this
guideline. For more information, contact SafeWork SA.5
4
Work Health and Safety Act 2012, Part 2Health and safety duties and Work Health and Safety
Regulations 2012, Part 2General workplace management, Division 2General working
environment.
5
The Injury Surveillance and Control Unit, Epidemiology Branch, DHS, System Performance Division,
Department for Health and Ageing has published a guide entitled Safety at the Interface: Making Sure
Your Development Project Doesn’t Create Hazards for the Surrounding Community. Ph: 8226 6361
for further information.
Page 18
Building Code of Australia
The Building Code of Australia (BCA) within the National Construction Code (NCC) is
the national technical document which sets the standards of building work in
Australia.
The Building Code is produced and maintained by the Australian Building Codes
Board on behalf of the Commonwealth, States and Territories.

Building Act 1971 (ceased)

Building Regulations 1991 (ceased)

Building Code of Australia (within the National Construction Code)

Development Act 1993

Development Regulations 2008

Ministers Specification SA 76, Maintenance and testing of safety installations.
Schedule of essential safety provisions, Planning SA, January 2000.
No development, including building work, can be undertaken in South Australia without an
appropriate development approval being obtained from the relevant authority after an
application and assessment process.
In most cases the relevant authority is local government.
The framework for development assessment and for building rules and standards in South
Australia is provided by the Development Act 1993 and Development Regulations 2008.
The relevant regulations, codes and standards are collectively known as the building rules
which provide the basis for assessing building work for the issuing of building rules consent.
The technical documents which are used under the Development Act and Regulations are
the Building Code of Australia, Minister’s Specifications and referenced Australian
Standards, which means that they are also mandatory documents.
Minister’s Specification SA 76, under the Development Act 1993, provides specific direction
in relation to maintenance and testing of safety installations and essential safety provisions
with coverage of matters such as fire protection, air handling systems, emergency warning
and intercommunication systems, lifts, and emergency power. Appendix B of the Minister’s
Specification provides guidance on its application to existing buildings.
The National Construction Code comprises Volumes One and Two of the Building Code of
Australia and the Plumbing Code of Australia as Volume Three. The Building Code of
Australia is produced and maintained by the Australian Building Codes Board on behalf of
the Commonwealth, States and Territories. The Building Code of Australia has been given
the status of building regulations by all States and Territories.
The goal of the Building Code of Australia is to enable the achievement of nationally
consistent, minimum necessary standards of relevant safety (including structural safety and
safety from fire), health, amenity and sustainability objectives.
The Building Code of Australia contains technical provisions for the design and construction
of buildings and other structures, covering such matters as structure, fire resistance, access
and egress, services and equipment, and energy efficiency as well as certain aspects of
health and amenity.
Australian Standards are published documents which set out specifications and procedures
designed to ensure that a material, product, method or service is fit for its purpose and
consistently perform the way it was intended. Only building standards that are referenced in
the Building Code of Australia are mandatory.
Page 19
Standards Australia is an independent organisation charged by the Commonwealth
Government to meet Australia's need for contemporary, internationally aligned Standards
and related services. The work of Standards Australia enhances the nation's economic
efficiency, international competitiveness and contributes to community demand for a safe
and sustainable environment.
Fire Safety and Protection
Agencies responsible for building assets are required to provide a safe environment
for all building occupants to minimise the risk of a fire breaking out and the spread of
fire and smoke. Essential safety items must be provided and maintained in
accordance with Schedule 16 Essential Safety Provisions, Form 1 of Regulation 76
under Development Regulations 2008 or in accordance with Part 59 Log Book of the
repealed Building Regulations 1973.

Building Code of Australia Parts C, D, E and I relating to fire, access, services and
equipment and maintenance

Development Act 1993, Part 4Development assessment, Division
4Supplementary provisions, Section 53A and Part 6Regulation of building work,
Division 6Building Safety

Development Regulations 2008, Part 12Regulation of building work, Division
4Safety, health and amenity

Department of the Premier and Cabinet Circular PC020 – Upgrading of Safety and
Access in Crown Buildings, December 2002

Ministers Specification SA 76, Maintenance and testing of safety installations.
Schedule of essential safety provisions, Planning SA, January 2000.

Work Health and Safety Act 2012, Part 2Health and safety duties

Work Health and Safety Regulations 2012.
Agencies responsible for building assets are required to provide a safe environment for all
building occupants to minimise the risk of a fire breaking out and the spread of fire and
smoke. This facilitates the safe evacuation of building and effective early intervention3by the
South Australian fire services. Agencies are also responsible for preventing the spread of
fire to, and managing the impact of fire from, adjoining properties.
Essential safety items include fire hose reels, fire extinguishers and suppression systems,
occupant warning systems and fire barriers such as fire doors. These assets installed in a
building at the time of construction, alteration or renovation, are an important part of
provisions for life safety and property protection.
Owners are obliged to maintain all such essential safety items in accordance with Schedule
16 Essential Safety Provisions, Form 1 of Regulation 76 under Development Regulations
2008 issued with a Certificate of Compliance by the Certifier. In the case of buildings
approved under the former Building Act 1971, maintenance in accordance with Part 59 Log
Book of the repealed Building Regulations 1973 (to standards in existence at the time of the
building approval) may suffice. However, where the condition of essential safety items is
uncertain, a risk assessment should be undertaken to ensure that maintenance and
operational levels are adequate to provide a reasonable level of fire and life safety.
Government agencies must maintain essential services in a condition that enables them to
fulfil their purpose and especially to ensure the safe egress of occupants in an emergency.
The Development Act 1993 requires owners to:

maintain records of maintenance checks
Page 20

keep all essential service reports and records of maintenance checks on the premises
for inspection by a building surveyor, the South Australian fire services, or other
designated persons.
The existence of compliance policies, including maintenance of service records undertaken
by recognised service providers in accordance with essential safety provisions of the
aforementioned Schedule 16 or Part 59 Log Book, will assist an agency demonstrate due
diligence.
Hazardous Substances
Building owners are required to take reasonable steps to ensure occupants are not
exposed to hazardous substances, of which the most common are asbestos,
synthetic mineral fibres (SNFs), and polychlorinated biphenyls (PCBs).
An assessment of asbestos in the workplace must be undertaken. The non-invasive
inspection should assess building or plant for materials containing asbestos. An
asbestos register is also required that identifies the location, description, and
condition of asbestos.
The agency’s asset management plan must include an Asbestos Management Plan,
which amongst other things sets a timeframe and strategy for removal of asbestos,
that government agencies are required to report on annually.
Agencies should refer to the DPTI Building Management guide note, Asbestos
Management in Government Buildings (G143), which has been developed in
consultation with the then Across Government Committee on Asbestos Management
in Government Assets.

Asbestos Management in Government Buildings (G143), DPTI Building Management

Codes of Practice for asbestos work:

Code of Practice for the Management and Control of Asbestos in Workplaces,
National Occupational Health and Safety Commission, Australian Government,
April 2005

Code of Practice for the Safe Removal of Asbestos (2nd Edition), National
Occupational Health and Safety Commission, Australian Government, Second
Edition, April 2005

Dangerous Substances Act 1979

Dangerous Substances Regulations 2002

PCB Containing Capacitors in Fluorescent Light Fittings (G141), DPTI Building
Management

Work Health and Safety Regulations 2012, including Chapter 4Hazardous work,
Chapter 7Hazardous chemicals and Chapter 8Asbestos.
Building owners are required to take reasonable steps to ensure occupants are not exposed
to hazardous substances. The most common are:

asbestos

mercury vapour

polychlorinated biphenyls (PCBs)

synthetic mineral fibres (SMFs).
Work health and safety legislation is aimed at securing the health and safety of people at
work and with public safety associated with work activities. Among other things, the
Page 21
legislation applies to the management of specific hazards in the workplace such as plant
safety, lift safety, provision of amenities and general working space.
While much attention is given to the dangers of asbestos, other hazardous substances such
as those that may exist in certain types of fluorescent lamps also pose potential threats. For
example, compact fluorescent lamps (CFLs) may expose building occupants and workers to
dangers from inhalation or absorption of toxic emissions such as polychlorinated biphenyls
and mercury vapour. Therefore protocols need to be observed in relation to the
identification, safe removal, storage and disposal of such light fittings.
Owners are required by Work Health and Safety Regulations 2012, Chapter 8Asbestos, to
assess whether asbestos is present in a building structure or plant and establish an
asbestos register that records the findings of the investigation. If the presence of asbestos is
suspected, the owner must:

comply with Work Health and Safety Regulations 2012 and the applicable Codes of
Practice for asbestos work

ensure that an annual risk assessment of exposure to occupants is carried out by a
competent person to determine the condition of stable/non stable asbestos

develop appropriate asbestos policies

establish an inspection program

maintain an asbestos register

install signs where asbestos is located

prepare an Asbestos Management Plan6.
The associated Codes of Practice describe the requirements for an Asbestos Management
Plan which include an outline of how asbestos will be controlled, including considerations of
appropriate control measures within a timetable for managing risk exposure.
The Asbestos Management Plan should form a sub-set of an organisation’s Asset
Management Plan and be integrated with other activities associated with managing a site
and its assets.
Note: recent change in asbestos management policy by SafeWork SA now prevents any
transportable building or plant with known asbestos being transferred from one site to
another before asbestos is removed.
Earthquake Resistance
Seismic assessment for structural adequacy must be undertaken as part of any
significant redevelopment project in accordance with Treasury Circular 314, Seismic
Assessment and Earthquake Mitigation Works for Existing Government Buildings,
and associated DPTI Policy. Where necessary, this may lead to earthquake
upgrading.

Strengthening Existing Buildings for Earthquakes (PO45), DPTI Building Management

Critical Infrastructure and the Earthquake Hazard (G139), DPTI Building Management

Earthquake Hazard Risk Mitigation in Government Leasing (G137), DPTI Building
Management
6
Work Health and Safety Regulations 2012, Chapter 8Asbestos, Part 3Management of asbestos
and associated risks, Section 429 Asbestos management plan.
Page 22

Treasury Circular 314 Seismic Assessment and Earthquake Mitigation Works for
Existing Government Buildings.
Seismic assessment for structural adequacy and, where necessary, earthquake mitigation
works must be included as part of any significant alterations proposed to existing
government assets. Project budgets must allow for such works.
Disability Access and Egress
The government policy objective is to ensure, as far as practical, that people with
disabilities have the same rights to access government programs as other citizens.
The objective is to provide safe, equitable and dignified access to buildings and to all
the services and facilities within them.
Work Health and Safety Regulations 2012 and Common Law duty of care require that
provision be made for people with disabilities to be able to exit in the event of an
emergency.

Disability (Access to Premises – Buildings) Standards 2010 under the Disability
Discrimination Act 1992, Australian Government

Disability Action Implementation Plan 2003, Government of South Australia

Disability Discrimination Act 1992 (Cth)

Disability Rights, Australian Human Rights Commission

Equal Opportunity Act 1984

Guideline on the Application of the Premises Standards – Version 2, Australian Human
Rights Commission, February 2013

Promoting Independence: Disability Action Plans for South Australia, 10th Progress
Report on Implementation 2009-10
A building cannot be subject to a successful complaint of unlawful discrimination under the
Disability Discrimination Act 1992 (Cth) if it conforms to the Disability (Access to Premises –
Buildings) Standards 2010. However, notwithstanding this, a building can still be subject to
a claim under this Act if the issue is outside the scope covered by these Standards.
The Disability Discrimination Act 1992 (Cth) applies to all new and existing buildings
(including heritage buildings), premises and facilities. The main objective is to eliminate, as
far as practicable, discrimination against people on the grounds of disability and to ensure,
as far as practicable, that people with disabilities have the same rights of access as other
citizens. Whilst the private sector may claim ‘unjustifiable hardship’ under this Act, this may
only apply to government in ‘particularly exceptional circumstances’ which is dealt with under
Part 4 Exceptions and concessions of the Standards.
All people with disabilities should have equal access to Government programs, services,
goods and facilities. As far as buildings are concerned, the intention is to provide safe,
equitable and dignified access to them and to all the services and facilities within them.
In principle, where there are a number of facilities of the same type, then at least one should
be accessible and preferably all. In schools, for example, sufficient numbers of each unique
type of classroom/laboratory/art room need to be accessible.
Page 23
Agencies need to be aware that the definition of disability within the Disability Discrimination
Act 1992 (Cth) is broad and includes sensory, neurological, physical, intellectual, cognitive
and psychiatric conditions.7
Improved access for people with disabilities has an additional benefit of making access
easier for parents with pushers/young children and the frail elderly.
The Work Health and Safety Regulations 2012, Chapter 3General risk and workplace
management, Part 2General workplace management, Division 4Emergency plans,
require that an effective management procedure be in place to evacuate ALL building
occupants during an emergency. Further the Disability Discrimination Act 1992 (Cth)
prohibits discrimination against occupants with a disability. Therefore, it is essential that
such procedures accommodate the needs of people with disabilities. One aspect of
particular importance is that the egress requirements of mobility impaired occupants may
need to be met in the event of lift failure or where it is unsafe to use such facilities for
evacuation purposes.
The Disability Discrimination Act 1992 provides for government agencies to develop action
plans, and these may assist as a defence in the case of complaint – especially if the plan
has been lodged with the Australian Human Rights Commission.
Developing and implementing action plans will assist government agencies systematically
identify and eliminate deficiencies, while demonstrating their commitment to providing safe,
equitable and dignified access. The Government of South Australia has developed a policy
on disability action plans containing five outcome areas including physical access to facilities
and services.
Essentially, people with disabilities can expect to have equal access to government services
for which it is endeavouring to provide equitable access to services as far as practicable.
A comprehensive discussion of the Disability Discrimination Act 1992 (Cth) is beyond the
scope of this guideline. For further advice, contact DPTI, Building Management.
Environmental Protection
Agencies have statutory obligations and a social responsibility to comply with the
Environmental Protection Act 1993. Government policies are in place to minimise the
potential for polluting the environment through discharge, emission, deposition or
disturbance of a pollutant or by creating a nuisance from waste, noise, smoke, dust,
fumes or odours. If appropriate licences are not in place, agency and individuals may
be exposed to prosecution.

Assessment and Management of DECD Sites Treated with Termiticides (G32), DPTI
Building Management

Site Contamination (G37), DPTI Building Management

Environment Protection Act 1993

Environment Protection Regulations 2009

Environment Protection Authority, South Australia

Planning Advisory Notice 20 – Site Contamination under Development Act 1993

Stormwater Pollution Prevention, Code of Practice for Building and Construction
Industry, Environment Protection Agency, March 1999.
7
For a definition of disability refer to Section 4 Interpretation of the Disability Discrimination Act 1992
(Cth).
Page 24
Agencies with the potential to pollute the environment through their activities, such as large
users or producers of chemicals, waste and biological materials, or those with chemically
treated grounds or underground tanks (older than 10 years), are advised to undertake a
voluntary environment audit in accordance with guidelines under Section 58 Protection for
information produced in voluntary environmental audits of the Environment Protection Act
1993 and Protection for Voluntary Environmental Audits, EPA Guidelines, South Australia
September 2003. A voluntary audit will provide a means to evaluate the level of compliance,
and will become a starting point for a strategy to minimise the likelihood of pollution and
demonstrate commitment to Environment Protection Authority requirements.
Environmental site assessment must be undertaken as part of any significant redevelopment
project if there is a change of land use to a more sensitive use. Otherwise an environmental
site assessment may be required if there is reason to believe that contamination (of soil or
groundwater) exists. A site history is usually undertaken as the initial step to determine the
likelihood of contamination that may require further investigation. Environmental
assessments are undertaken in accordance with the National Environment Protection
(Assessment of Site Contamination) Measure 1999 by environmental professional service
contractors with expertise in this area.
Where chemical treatment has been undertaken from the control of termites, give
consideration to an environmental assessment if the buildings are removed.
The benefits of compliance to an agency include reduced potential to pollute through
improved environmental procedures, reduced waste management, and reduced exposure to
the legal and financial liability associated with environmental protection legislation.
Public and Environmental Health
Agencies are required to comply with the South Australian Public Health Act 2011.

South Australian Public Health (Legionella) Regulations 2013

South Australian Public Health Act 2011

Safe Drinking Water Act 2011

Safe Drinking Water Regulations 2012.
When originally published in 1987, the South Australian Public Health Act 2011 preceded
building and health, safety and welfare legislation. Control over legionella is enforced by the
South Australian Public Health (Legionella) Regulations 2013. It requires building owners or
responsible persons to ensure public health is not endangered through harmful discharges
into the environment. It addresses matters such as maintenance protocols for air
conditioning systems, cooling towers and managing the potential legionella risk from heated
water systems. These Regulations allow for fines or imprisonment for failure to comply.
The Safe Drinking Water Act 2011and the Safe Drinking Water Regulations 2012 are
designed to provide a safe reliable supply of good quality drinking water and that there are
systems in place to ensure that public health is protected.
Ecologically Sustainable Development (ESD) including Energy
In 1990, Australia’s Governments endorsed the following definition for ESD:
‘using, conserving and enhancing the community’s resources so that ecological processes
on which life depends are maintained and the total quality of life, now and in the future, can
Page 25
be increased.’8
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is the Australian
Government’s major piece of environmental legislation. Section 516A Annual reports to deal
with environmental matters of the Act requires Commonwealth organisations to include in
their Annual Reports a section detailing their environmental performance including reference
to performance of existing buildings and ESD criteria to be used in the design and
construction of new buildings.9,10
The Government of South Australia is committed to The National Greenhouse
Strategy, 1998 and the Kyoto Protocol 1997 second commitment period 2013-2020
resulting from the meeting of the parties in Doha,2012. The second commitment
agreement has set an 18% reduction in greenhouse gas emissions below their 1990
levels.

Greening of Government Operations (GoGO) Framework 2004

The National Greenhouse Strategy, 1998.
The Energy Efficiency Action Plan, Government of South Australia, 2002, defines specific
requirements for buildings which are consistent with the National Greenhouse Strategy
Measure 3.1. The plan includes Target 61 from South Australia’s Strategic Plan, Energy
Efficiency – government buildings: Improve the energy efficiency of government buildings by
30% by 2020 (Milestone of 25% by 2014). The Energy Efficiency Action Plan defines
specific requirements in relation to buildings. The plan defines energy efficiency measures
for new buildings and major refurbishment projects and incorporates energy efficiency
practices into maintenance programs and procurement policies.
Agencies are required to carry out energy audits of all building assets at least once every 5
years where the annual energy cost exceeds $50,000. They must determine total
consumption levels and monitor and report on their energy use. Refer Department of the
Premier and Cabinet Circular PC013 – Annual Reporting Requirements, 2013.
In any new construction and major refurbishment of a building project a lifecycle approach
must be adopted when assessing design options for air conditioning plant that reduce
energy consumption and greenhouse gas. Lighting control is also a design requirement of
the Energy Efficiency Action Plan.
The Government of South Australia launched the Greening of Government Operations
(GoGO) Framework 2004 as an across government environmental initiative that included
eight priority areas including energy, water conservation, waste management and built
facilities (Green Building) management. Under Department of the Premier and Cabinet
Circular PC013 – Annual Reporting Requirements, 2013, government agencies are required
to report on their progress in implementing the GoGO Framework.
Heritage Conservation
Government buildings may be listed on the South Australian Heritage Register or on
the applicable local government register. Any building work that may affect the fabric
8
National Strategy for Ecologically Sustainable Development, 1992. Prepared by the Ecologically
Sustainable Development Steering Committee, Endorsed by the Council of Australian Governments.
9
Generic ESD and Environmental Performance Indicators for Commonwealth Organisations,
Australian Government.
10
Guidelines for Section 516A reporting – Environment Protection and Biodiversity Conservation Act
1999, Department of the Environment, Water, Heritage and the Arts.
Page 26
of a heritage place is required to have Development Assessment Commission
approval before commencement of any work.

Development Act 1993

Heritage Places Act 1993.
Government buildings may be listed on local government or state heritage registers. DPTI,
Building Management can advise government agencies, facilities managers and professional
service contractors about places listed on the South Australian Heritage Register that are
owned or cared for by the Government of South Australia and the appropriate methods of
undertaking development to a listed asset and the associated approval processes.
DPTI, Building Management, Design + Heritage Management, will also provide advice to
ensure that maintenance or development work will not compromise the fabric and long-term
conservation of the building.
Any works undertaken to a building listed on the South Australian Heritage Register,
including maintenance, if it affects the building fabric (e.g. painting, replacing rainwater
goods, integration of services etc.), is deemed development under the Heritage Places Act
1993 and requires Development Assessment Commission approval.
The conservation policies and recommendations contained within conservation management
plans take precedence over maintenance recommendations for the1building fabric which
may have been prepared as part of an asset management plan for the building.
Under the Development Act 199311, although fire and life safety in heritage buildings must be
maintained at a reasonable standard of compliance with Building Code of Australia
requirements, any development must not be in conflict with the Heritage Places Act 1993.
Native Vegetation
Agencies must ensure any removal/cutting of any significant vegetation has approval
from Development Assessment Commission and local government before any work is
undertaken.

Development Act 1993 and Part 2Development, Section 6A Regulated and
significant trees of Development Regulations 2008

Existing Trees (G33), DPTI Building Management

Native Vegetation Act 1991.
A regulated tree is any tree in metropolitan Adelaide and/or townships in the Adelaide Hills
Council or parts of the District Council of Mount Barker with a trunk circumference of 2.0m or
more measured at a point 1.0m above natural ground level (in the case of trees with multiple
trunks, it is those with trunks with a total circumference of 2.0m or more and an average
circumference of 625mm or more measured at a point 1.0m above natural ground level). A
significant tree is any tree in metropolitan Adelaide and/or townships in the Adelaide Hills
Council or parts of the District Council of Mount Barker with a trunk circumference of 3.0m or
more measured at a point 1.0m above natural ground level (in the case of trees with multiple
trunks, it is those with trunks with a total circumference of 3.0m or more and an average
circumference of 625mm or more measured at a point 1.0m above natural ground level) 12. A
significant tree may be listed in a local government development plan.
11
Development Act 1993, Section 71Fire Safety (15),(16)
12
Protecting Regulated and Significant Trees, Department of Planning and Local Government,
November 2011
Page 27
In country areas, the Native Vegetation Act 1991 protects significant trees.
Reference to ‘tree damaging activity’ in the Native Vegetation Act 1991 includes construction
work (e.g. trenching for services) within the root zone of the tree that may adversely affect
the health of the tree.
Before a Government agency undertakes any work associated with a significant tree, such
as removing a branch or lopping a limb, ringbarking, topping or complete removal, it is
required by Development Act 1993 and Development Regulations 2008 to simultaneously
lodge a Development Application with Development Assessment Commission and local
government.
Emergency Management
Agencies are required to have emergency procedure policies in place that are
appropriate to their role and the government’s state emergency post disaster
requirements.

Emergency Management Act 2004

South Australian State Emergency Service (SES)

State Emergency Management Plan, June 2013, Government of South Australia.
Comprehensive emergency management concerns strategies for risk assessment,
prevention, preparedness, response and recovery. It is not enough to wait for emergencies
to occur and then react; risks to the community and the environment must be managed in a
rational manner.
To find out more about the different aspects of emergency management, the considerations
below are proposed and detailed by Australian Emergency Management under the
Australian Government’s Attorney-General’s Department.

Preparing for Emergencies

Preventing Emergencies

Responding to Emergencies

Recovering from Emergencies.
Australian Emergency Management offers a range of publications including the following as
part of the manual series.

Manual 1 – Emergency Management in Australia: Concepts and Principles

Manual 5 – Emergency Risk Management Applications Guide

Manual 7 – Planning Safer Communities: Land use planning for natural hazards.
Agencies need to have in place policies that apply to emergencies that will affect service
delivery, and define their role (where relevant) in a State post-disaster plan. Currently the
Government of South Australia is developing an emergency guideline, based on Manual 5 –
Emergency Risk Management Applications Guide.
Agencies are required under the Work Health and Safety Regulations 2012 including
Chapter 4Hazardous work and Chapter 7Hazardous chemicals to have all relevant
records on workplace hazardous substances readily accessible to any emergency service.
Page 28
Aged Care
Providers of aged care facilities should ensure facilities are safe and comply with
Department for Communities and Social Inclusion requirements and Australian
Government Department of Health and Ageing standards.

Aged Care Act 1997 (Cth)

The Accreditation Standards – Standard 4: Physical environment and safe systems,
Residential Care Manual 2009, Edition 1, Australian Government, Department of
Health and Ageing.
Aged Care Standards and Accreditation Agency Ltd is an Australian company limited by
guarantee with the Minister for Mental Health and Ageing as the sole member of the
company and in 1998, was appointed by the Department of Health and Ageing as the
accreditation body under the Aged Care Act 1997 (Cth).
Facilities providing aged care accommodation that have or are seeking Commonwealth
funds need to meet Australian Government Department of Health and Ageing standards
including those outlined in the agency’s Residential Care Manual below. To meet these
standards, services must:

provide a high quality of personal care to every resident

have a safe building

be committed to protecting their resident's rights.
The Residential Care Manual published in 2009 by the Department of Health and Ageing
discusses the Aged Care Certification Assessment Instrument. This instrument includes the
following seven sections.

Safety

Hazards

Privacy

Access, mobility and occupational health and safety

Heating/Cooling

Lighting/Ventilation

Security.
Other Requirements
Proximity to Power Lines and Telecommunication Carrier Cables
The Office of the Technical Regulator is responsible for the electrical, gas and plumbing
safety and technical regulation in South Australia. It was established under the Electricity
Act 1996 and the Gas Act 1997.

Electricity Act 1996

Energy Products (Safety and Efficiency) Act 2000

Gas Act 1997.
While the Office of the Technical Regulator is responsible for the administration of these
acts, its primary objectives are ensuring the safety of workers, consumers and property as
well as compliance with legislation, technical standards and codes in the electricity and gas
industries.
Page 29
Both overhead and underground power lines require a safety clearance from buildings and
structures. Safety clearances and separations between structures and communication
cables must also be observed. Refer to Industry Code C524:2013 External Communication
Cable Networks, Communications Alliance Ltd, 2013.
The clearance for overhead and underground power lines depends on the voltage of the
power cables and is defined in the Electricity (General) Regulations 2012, under the
Electricity Act 1996. The safety clearance obligations apply to the building owners as well as
to Electricity Network Managers. New construction must not encroach into the safety
clearance zone even if an existing situation does not conform.
The minimum safe clearance distances between buildings and powerlines are set out by the
Office of the Technical Regulator. These distances are a legal requirement and must be
maintained at all times. The Office of the Technical Regular has published a number of
related documents as below.

Building safely near powerlines, Office of the Technical Regulator, Government of
South Australia

Trees and powerlines, Office of the Technical Regulator, Government of South
Australia

Working safely near overhead powerlines, Office of the Technical Regulator,
Government of South Australia

Working safely near underground assets, Office of the Technical Regulator,
Government of South Australia.
Electrical installations on construction and demolition sites can pose serious risks to the
safety of construction and demolition workers. This is recognised in AS/NZS 3012:2010
Electrical installationsConstruction and demolition sites.
The Office of the Technical Regulator has assisted in the development of the following
guidelines for safe electrical practices on construction and demolition sites.

Industry Guideline for Safe Electrical Practices on Construction and Demolition Sites,
Edition III, June 2011, Government of South Australia
Page 30
Summary
As asset owners, government agencies have a responsibility to occupants and the
community to:

observe a duty of care for all building occupants

have knowledge of risk areas and have risk management strategies in place

maintain their buildings’ levels of compliance with fire/life safety and other
requirements, by undertaking all essential safety maintenance services as prescribed
at the time of building approval

undertake holistic risk assessments with a commitment to progressively raise
compliance performance, reflected in action plans included within Asset Management
Plans

demonstrate due diligence through putting in place effective building compliance
management systems and associated essential record management systems.
Page 31
Appendix A: Glossary of Terms
Agencies
Departments, Offices and Authorities of the Government of South
Australia
Common Law
Negligence
Failure to exercise the degree of care expected of a person of ordinary
prudence in like circumstances in protecting others from a foreseeable
and unreasonable risk of harm in a particular situation.
Determination of what is
Reasonably Practicable
Has been determined through precedent of common law court
decisions by assessing the following.

Foreseeability – was the injury/illness foreseeable?

Causation – was the injury related to an unsafe matter controlled
by the individual and/or company?

Preventable – is there a practicable alternative/method to do the
job safely?

Reasonableness – was it reasonable to do something about the
unsafe matter?
Due Diligence
Such diligence as a reasonable person under the same circumstances
would use: use of reasonable but not necessarily exhaustive efforts
(also referred to as reasonable diligence).
Note: Due diligence is used most often in connection with the
performance of a professional or fiduciary duty, or with regard to
proceeding with a court action. Due care is used more often in
connection with general tort actions.
Duty of Care
A duty to use due care toward others in order to protect them from
unnecessary risk of harm.
Holistic
Emphasising the importance of the whole and the interdependence of
its parts.
Occupier
In relation to a place, means a person who has the management or
control of the place.
Residual Risk
The remaining level of risk after risk treatment measures have been
taken (see AS/NZS ISO 31000:2009 Risk managementPrinciples
and guidelines).
Page 32
Appendix B: Key Changes in Building Standards Since
1960s
Compliance requirements
1960’s
1970’s
1980’s
1990’s
2000’s
2010’s
Building Act 1923-64 (ceased)
Health and amenity (light, ventilation)
Building Act 1971 (ceased)
Dangerous Substances Act 1979
AS 1170.41993 Minimum design
loads on structures, Part 4: Earthquake
loads
Building Code of Australia 1988
Equal Opportunity Act 1984
Occupational Health, Safety and
Welfare Act 1986 (ceased)
Occupational Health, Safety and
Welfare Regulations 1986
Public and Environmental Health Act
1987 (ceased)
Aged Care Act 1997 (Cth)
AS/NZS 4360:1999 Risk management
Building Code of Australia 1996
(introduced performance based
approach)
Building Regulations 1991 (ceased)
Development Act 1993
Disability Discrimination Act 1992 (Cth)
Environment Protection Act 1993
Heritage Places Act 1993
Native Vegetation Act 1991
Occupational Health, Safety and
Welfare Regulations 1995
Risk Management Policy Statement,
1999
Smoke hazard management
AS/NZS ISO 31000:2009 Risk
managementPrinciples and
guidelines
Dangerous Substances Regulations
2002
Department of the Premier and
Cabinet Circular PC020 – Upgrading of
Safety and Access in Crown Buildings,
Page 33
Compliance requirements
1960’s
1970’s
1980’s
1990’s
2000’s
2010’s
December 2002
Development Regulations 2008
Emergency Management Act 2004
Energy Efficiency Action Plan,
Government of South Australia, 2002
Environment Protection Regulations
2009
Industry Code C524:2004 External
Telecommunication Cable Network,
Australian Communications Industry
Forum, 2004
Ministers Specification SA 76,
Maintenance and testing of safety
installations, 2000
Promoting Independence: Disability
Action Plans for South Australia
Residential Care Manual, Edition 1,
Australian Government, Department of
Health and Ageing, 2009
Risk Management Policy Statement,
Government of South Australia,
November 2009
Treasury Circular 314: Seismic
Assessment and Earthquake Mitigation
Works for Existing Government Assets,
2001
Disability (Access to Premises –
Buildings) Standards 2010
Ecologically sustainable development
National Construction Code Series
2012 including Building Code of
Australia (BCA) Vols 1 and 2 and
Plumbing Code of Australia (PCA)
Vol 3
South Australian Public Health Act
2011
South Australian Public Health
(Legionella) Regulations 2013
Water Industry Act SA 2012
Work Health and Safety Act 2012
Work Health and Safety Regulations
2012
Page 34
Appendix C: Development Act 1993 – Section 53A
The Development Act 1993 states:
‘53ARequirement to upgrade building in certain cases
(1)
If an application for a building rules consent relates to building work in the nature of an
alteration to a building constructed before the date prescribed by regulation for the
purposes of this subsection and the building is, in the opinion of the relevant authority,
unsafe, structurally unsound or in an unhealthy condition, the relevant authority may
require, as a condition of consent, that building work that conforms with the
requirements of the Building Rules be carried out to the extent reasonably necessary
to ensure that the building is safe and conforms to proper structural and health
standards.
(2)
If—
(a)
application is made for building rules consent for building work in the nature of an
alteration of a class prescribed by the regulations; and
(b)
the relevant authority is of the opinion that the affected part of the building does
not comply with the performance requirements of the Building Code in relation to
access to buildings, and facilities and services within buildings, for people with
disabilities,
the relevant authority may require, as a condition of consent, that building work or
other measures be carried out to the extent necessary to ensure that the affected part
of the building will comply with those performance requirements of the Building Code.
(3)
However, the regulations may specify circumstances in which a relevant authority may
not require building work or other measures, or a specified kind of building work or
measure, to be carried out under subsection (2).’
Page 35
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Page 37
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Page 38
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Page 42