Section 38 — Health and Safety at Work Act 2015: Duty of PCBU who manages or controls fixtures, fittings, or plant at workplaces

38 Duty of PCBU who manages or controls fixtures, fittings, or plant at workplaces (1) A PCBU who manages or controls fixtures, fittings, or plant at a workplace must, so far as is reasonably practicable, ensure that the fixtures, fittings, or plant are without risks to the health and safety of any person. (2) Despite subsection (1), a PCBU who manages or controls fixtures, fittings, or plant at a workplace does not owe a duty under that subsection to any person who is at the workplace for an unlawful purpose. (3) In this section, a PCBU who manages or controls fixtures, fittings, or plant at a workplace — (a) means a PCBU to the extent that the business or undertaking involves the management or control of fixtures, fittings, or plant (in whole or in part) at a workplace; but (b) does not include— (i) the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking; or (ii) a prescribed person. Compare: Model Work Health and Safety Act (Aust) s 21