Who’s Really Responsible? What Commercial Property Owners Need to Know About WHS Obligations

What’s the Deal with WHS and Property Owners?

Under Australia’s WHS laws—like the Work Health and Safety Act 2011 (NSW)—a “person conducting a business or undertaking” (a PCBU) has specific duties to manage risks to health and safety in workplaces they control.

Translation? If you own a commercial or mixed-use property, you’re probably a PCBU. That means you’re legally responsible for making sure that your property, including common areas, is safe to access and use—even if you’ve got a property manager.

This duty can’t be transferred or delegated. Multiple parties may share it, but you can’t wash your hands of it entirely.

Recent Wake-Up Call: A $225,000 Reminder

Let’s take a look at a real-world example—because nothing says “pay attention” like a six-figure fine.

In 2024, an owners corporation of an industrial complex in NSW was convicted for breaching WHS laws after a tragic incident involving a faulty gate. Despite notifying the strata manager about the damage, the gate wasn’t properly repaired. A worker manually opened the gate, which then collapsed, resulting in a fatality.

The owners corporation was fined $225,000, reduced from $300,000 for an early guilty plea. The strata manager and the worker’s employer were also fined—proving that WHS obligations are a team effort, but not one where you can sit on the bench.

The court found that the risks were foreseeable, and that low-cost safety measures could have prevented the incident. Ouch.

Does This Apply to Me?

If you own property in NSW, QLD, or VIC, the answer is most likely yes. Here’s when WHS laws apply to owners:

• You manage or control a commercial or mixed-use property.
• You’re part of an owners corporation that oversees common areas used commercially.
• You employ anyone (even a cleaner!) to work in or on your property.

Even if the property is mostly residential, if there’s a commercial component (like a retail shop on the ground floor), WHS laws still kick in.

And yes, the same rules apply whether you’re based in NSW, QLD, or VIC—though the specific legislation varies slightly across states.

What You Should Be Doing (Yesterday)

Let’s be honest: WHS compliance isn’t the sexiest part of property ownership. But it’s critical—and surprisingly manageable with the right systems in place. Here’s a quick checklist:

✅ Undertake regular risk assessments and inspections.
✅ Promptly fix hazards and document all repairs.
✅ Ensure your property manager is up to date with your legal obligations (and theirs).
✅ Provide safety training where needed.
✅ Make safety a recurring item in strata or management meetings.
✅ Implement a contractor management system.

In short: if someone could get hurt on or because of your property, it’s your job to know about the risk—and do something about it.

Why This Matters for You

Whether you’re a buyer looking to expand your commercial portfolio, an investor managing a string of industrial sites, or a developer overseeing a mixed-use complex, understanding your WHS responsibilities can:

• Prevent serious harm or even loss of life.
• Protect you from fines, court action, and reputational damage.
• Strengthen your property management framework.

The best property law firm doesn’t just respond to problems—it helps you prevent them.

Need Help Navigating WHS Laws?

At Jaide Law, we help commercial property owners stay compliant and confident. Our team of experienced property lawyers in NSW, QLD and VIC can guide you through your WHS duties, help you establish risk management systems, and advise you on your legal responsibilities as a property owner or developer.

📞 Contact Jaide Law today to ensure your commercial property portfolio is legally watertight and WHS-compliant.

Disclaimer – We know most of you get this, but just to be clear, the information above is general and doesn’t consider your unique situation. Please don’t rely on it as a substitute for professional advice. We strongly encourage you to seek appropriate guidance for your specific needs.