The Work Health and Safety Act 2011 covers 'Persons Conducting a Business or Undertaking'.
Algester Gardens is NOT a PCBU as the property is used solely for residential purposes (Work Health and Safety Act 2011, s.5(6) and Work Health and Safety Regulations 2011 s.7 (1) & (2)). Therefore Algester Gardens is not bound by the provisions of the WHS Act 2011 where it refers to PCBU's.
Whilst Algester Gardens Body Corporate does NOT employ any employees, those common areas of Algester Gardens 'where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work' s.8(1) is regarded as a 'Workplace'. The gardener for Algester Gardens is not engaged as an 'employee' but is engaged as a self-employed person so is regarded as a 'Person Conducting a Business or Undertaking' so he has health and safety obligations under the Work Health and Safety Act 2011, s.19 (5).
Algester Gardens Body Corporate (ie all owners) has a duty of care responsibility to ensure that the common property is free from risks to the health and safety of any person.
Whilst the Body Corporate of Algester Gardens is not a PCBU, its Committee would still be serious about ensuring it exercises proper dilligence to ensure, as reasonably practicable, the property is free from risks to health and safety.
Algester Gardens Body Corporate Committee already achieves this by conducting health and safety audits/inspections to identify any hazards and then to eliminate or minimise any risks associated with those hazards. This can be formalised using a Health & Safety Audit Inspection Checklist. The Body Corporate Committee has itself, and has access to, relevant health and safety auditing expertise/knowledge and does not need the services of any consulting organisation to undertake this task.
There is NO LEGAL REQUIREMENT for Algester Gardens Body Corporate to engage any such organisation to undertake this task. There is no requirement under the WHS Act.
Committee meeting should also include in its agenda a separate item for Health and Safety, which will formalise the discussions which the Committee often has on health and safety matters. This is another way to evidence that the Committee takes health and safety into consideration.
References : Work Health and Safety Act 2011 Work Health and Safety Regulation 2011