Western Australian Numbered Acts Western Australian Numbered Acts After section 21A
the following sections are inserted —
“
21B. Duty placed on body
corporate to which section 23D, 23E or 23F applies
(1) If section 23D,
23E or 23F makes any other provision of this Act apply to a body corporate as
if it were the employer of a particular person, this section and section 21C
apply to the body corporate at such times as the other provision is made to
apply.
(2) A body corporate
to which this section applies shall, so far as is practicable, ensure that the
safety or health of a person is not adversely affected wholly or in part as a
result of —
(a) work
that has been or is being undertaken by —
(i)
the body corporate; or
(ii)
a person carrying out work under the direction of the
body corporate;
or
(b) any
hazard that arises from or is increased by —
(i)
the work referred to in paragraph (a); or
(ii)
the system of work that has been or is being operated by
the body corporate.
(1) If a body
corporate contravenes section 21B(2) in circumstances of gross
negligence, the body corporate commits an offence and is liable to a level 4
penalty.
(2) If —
(a) a
body corporate —
(i)
contravenes section 21B(2); and
(ii)
by the contravention causes the death of, or serious harm
to, a person;
and
(b)
subsection (1) does not apply,
the body corporate
commits an offence and is liable to a level 3 penalty.
(3) If —
(a) a
body corporate contravenes section 21B(2); and
(b)
neither subsection (1) nor subsection (2) applies,
the body corporate
commits an offence and is liable to a level 2 penalty.
(4) A body corporate
charged with an offence under —
(a)
subsection (1) may, instead of being convicted of that offence, be
convicted of an offence under subsection (2) or (3); or
(b)
subsection (2) may, instead of being convicted of that offence, be
convicted of an offence under subsection (3).
”.