Legal Requirements for Builders in Melbourne

This report analyzes the legal requirements for builders in Melbourne, Victoria, Australia. It covers OH&S obligations for safety, worker’s compensation obligations, worker’s rehabilitation obligations, contracts, environmental obligations, and equal opportunity/discrimination obligations. Relevant legislation and government organizations responsible for enforcing the legal requirements are also identified.

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LEGAL REQUIREMENTS TO BUILDING AND CONSTRUCTION PROJECTS
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Table of Contents
1. Introduction.......................................................................................................................................3
2. The OH&S obligations for safety.....................................................................................................3
3. The worker’s compensation obligations...........................................................................................4
4. The worker’s rehabilitation obligations...........................................................................................5
5. Contracts............................................................................................................................................6
6. The environmental obligations.........................................................................................................6
7. Equal opportunity/discrimination obligations.................................................................................7

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1. Introduction
Activities of registered builders and other professionals in Australia are guided by law. These
professionals are required to understand and adopt relevant requirements related to their
activities. This report presents an analysis of the legal requirements of a registered builder in
Melbourne, Victoria, Australia to meet different elements. The report provides useful
information that will be used by the builder to ensure that all activities undertaken are in
accordance with the law. The report also identifies relevant legislation and government
organizations responsible for enforcing the legal requirements.
2. The OH&S obligations for safety
As a builder, the legal requirements to meet the occupational health & safety (OH&S) for
safety are as follows: provide safe working facilities and environment for employees; evaluate
the layout of the workplace and provide appropriate systems to enhance safety of workers; assess
potential risks and hazards and develop and implement appropriate measures to prevent,
minimize or manage them; ensure that employees use and handle substances and goods safely;
ensure that necessary materials and machinery are provided and maintained properly; training
employees about the importance of OH&S and their obligations; ensure that workers wear
appropriate personal protective equipment; take insurance cover for employees; ensure that
compensation insurance of workers is provided; have proper systems of reporting incidents at
workplace; and must have a full-time person responsible for overseeing safety and health of
workers1. These legal requirements are under the following act, regulation and code of practice:
Occupational Health and Safety Act 2004, Occupational Health and Safety Regulations 2017,
1 Department of Industry, Innovation and Science, 2018a. Health and Safety. [Online]
Available at: https://www.business.gov.au/risk-management/health-and-safety
[Accessed 25 October 2018].

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and Vic Compliance Codes2. The relevant government organization responsible for ensuring that
contractors in Melbourne adhere to the OH&S requirements is WorkSafe Victoria.
3. The worker’s compensation obligations
As a builder in Melbourne, Victoria, one of the legal requirements is to register for
WorkCover Insurance if there is any of the company’s workers receiving annual remuneration
exceeding $7,500 or if the company employees trainees/apprentices. The company must
maintain adequate and current workers’ compensation insurance so as to pay or compensate
workers for any loss they may incur as a result of not being able to work due to sickness,
accidents or death that may occur when at workplace. The compensation may be in form of
health, financial and any other type of support. The company must also ensure that workers are
compensated as required and on time to avoid penalties3. Another legal requirement is for the
employer to respond to worker’s compensation claim in good terms and without providing any
form of threat to the employee.
The relevant legislation applicable to worker’s compensation obligations are: Workplace
Injury Rehabilitation and Compensation Act 2013, Accident Compensation (WorkCover
Insurance) Act 1993 and Accident Compensation Act 1985. The Victorian WorkCover Authority
and WorkSafe are the government organizations responsible for ensuring that employers in
Victoria adhere to the worker’s compensation obligations.
2 Department of Industry, Innovation and Science, 2018b. WHS/OH&S Acts, Regulations and Codes of
Practice. [Online] Available at: https://www.business.gov.au/Risk-management/Health-and-safety/WHS-
OH-and-S-Acts-Regulations-and-Codes-of-Practice [Accessed 25 October 2018].
3 WorkSafe, 2013. Workplace Injury Rehabilittation and Compensation Act 2013, Melbourne: WorkSafe.

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4. The worker’s rehabilitation obligations
The legal requirements for the company to meet worker’s rehabilitation obligations
include the following: if the annual payroll of the company is at least $1 million, the company
must appoint a return to work or rehabilitation coordinator who is approved by the WorkCover
Authority; the employer should inform the workers about the planned rehabilitation process; the
employer should provide the affected or injured worker with pre-injury or suitable employment
(depending on whether the employee is fit to resume his/her pre-injury job or not); the employer
should plan the rehabilitation of injured workers who have inability for work; the employer
should ensure that he makes consultations about the worker’s rehabilitation with the worker
himself, his representative, occupational rehabilitation provider and the treating health
practitioner of the worker; and the employer should notify the relevant Agent about when the
injured employee resumes work.
The relevant legislation applicable to worker’s rehabilitation obligations are: Workplace
Injury Rehabilitation and Compensation Act 2013, Accident Compensation (Occupational Health
and Safety) Act 1996 and Accident Compensation Act 19854. The relevant government
organizations responsible for ensuring that employers in Victoria meet worker’s rehabilitation
obligations are Victorian WorkCover Authority and WorkSafe.
5. Contracts
One of the legal requirements for contracts is employers to sign a contract when hiring
employees or selecting suppliers. The employment contract includes employee’s duties, working
hours, working days, place of work, salary to be paid, employment status, and employment
4 Workplace Occupational Health & Safety, 2018. Statutory Requirements. [Online]. Available at:
http://workplaceohs.com.au/injury-management/return-to-work/statutory-requirements#VIC
[Accessed 25 October 2018].

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conditions. The employer should meet the set conditions and rates for each of the
aforementioned items such as minimum wage, working hours and working conditions. In case of
ending any contract, due process should be followed and it must be fair for all parties. It is the
responsibility of the employer to notify the concerned party, state reasons for ending the contract,
specify the procedure to be followed and ensure that final pay is made.
Relevant legislation to contracts include: Commonwealth Independent Contractors Act
2006, Fair Work Act 2009 and Victorian Workplace Relations Act. Some of the relevant
government organizations responsible for contracts’ legal requirements are Fair Work
Commission, Victorian Equal Opportunity and Human Rights Commission and Australian
Human Rights Commission.
6. The environmental obligations
Builders in Melbourne, Victoria are expected to protect the environment by meeting
certain legal requirements/obligations that include the following: apply and pay fees to get the
necessary work approvals, licenses and waste transport permits; ensure that environmental audits
are carried out on ongoing construction works; identify environmental values of the project;
develop and implement a risk management plan; develop and implement an environmental
monitoring plan; install environmental controls (such as noise and vibration control devices);
avoid disposing hazardous wastes into water sources; use alternative materials that have less
carbon footprint; avoid use of toxic materials; protect structures or commodities with heritage
value; minimize waste generation; and ensure that wastes are disposed appropriately.
Relevant legislation that applies to environmental obligations include: Environment
Protection Act 1970, Pollution of Waters by Oil and Noxious Substances Act 1986 and National

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Environment Protection Council (Victoria) Act 1995. The relevant government organizations
responsible for ensuring that builders in Victoria meet the legal environmental requirements are:
Environment Protection Authority (EPA) Victoria and National Environment Protection
Council5.
7. Equal opportunity/discrimination obligations
As a builder in Melbourne, Victoria, it is a legal requirement to put in place procedures
and systems that offers equal employment opportunities for all workers. The systems and
procedures include best practice guidelines and effective polices and should not discriminate
against any employee because of their mental or physical disability, age, marital status, sex, sex
orientation, race, skin colour, religion, social origin, political opinion, career/parent
responsibilities or pregnancy6. The following activities should be done fairly: advertising for
vacant positions, organizing for interviews, selecting successful candidates, terms of
employment offer, employment conditions, access to training, promotions and benefits, and
dismissal7.
The relevant legislation for equal opportunity/discrimination obligations include the
Victorian Equal Opportunity Act 2010, Age Discrimination Act 2004, Sex Discrimination Act
1984, Racial Discrimination Act 1975, Disability Discrimination Act 1992, and Fair Work Act
5 Environmental Protection Authority (EPA) Victoria, 2018. Acts Administered by EPA. [Online]. Available
at: https://www.epa.vic.gov.au/about-us/legislation/acts-administered-by-epa [Accessed 26 October
2018].
6 Victoria State Government, 2018. Equal Opportunity, Discrimination and Harrasment,
Melbourne: Victoria State Government.
7 Australia Human Rights Commission, 2018. The Right to a Discrimination-Free Workplace. [Online].
Available at: https://www.humanrights.gov.au/publications/right-discrimination-free-workplace
[Accessed 26 October 2018].

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20098. Victorian Equal Opportunity and Human Rights Commission, Australian Human Rights
Commission and Fair Work Commission.
Bibliography
Australia Human Rights Commission, 2018. The Right to a Discrimination-Free Workplace.
[Online]. Available at: https://www.humanrights.gov.au/publications/right-discrimination-free-
workplace [Accessed 26 October 2018].
8 Victoria Legal Aid, 2018. Discrimination and Victimization. [Online]. Available at:
https://www.legalaid.vic.gov.au/find-legal-answers/discrimination-harassment-and-bullying/
discrimination-and-victimisation [Accessed 26 October 2018].

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Department of Industry, Innovation and Science, 2018a. Health and Safety. [Online]
Available at: https://www.business.gov.au/risk-management/health-and-safety
[Accessed 25 October 2018].
Department of Industry, Innovation and Science, 2018b. WHS/OH&S Acts, Regulations and
Codes of Practice. [Online] Available at:
https://www.business.gov.au/Risk-management/Health-and-safety/WHS-OH-and-S-Acts-
Regulations-and-Codes-of-Practice [Accessed 25 October 2018].
Environmental Protection Authority (EPA) Victoria, 2018. Acts Administered by EPA. [Online].
Available at: https://www.epa.vic.gov.au/about-us/legislation/acts-administered-by-epa
[Accessed 26 October 2018].
Victoria Legal Aid, 2018. Discrimination and Victimization. [Online]. Available at:
https://www.legalaid.vic.gov.au/find-legal-answers/discrimination-harassment-and-bullying/
discrimination-and-victimisation [Accessed 26 October 2018].
Victoria State Government, 2018. Equal Opportunity, Discrimination and Harrasment,
Melbourne: Victoria State Government.
Workplace Occupational Health & Safety, 2018. Statutory Requirements. [Online]. Available at:
http://workplaceohs.com.au/injury-management/return-to-work/statutory-requirements#VIC
[Accessed 25 October 2018].
WorkSafe, 2013. Workplace Injury Rehabilittation and Compensation Act 2013, Melbourne:
WorkSafe.