Contractor and PMCA

Contractor and PMCA WHS Contractual Obligations are clearly stated in the PMCA Scope of Services and relevant construction contract. Additional information is provided below:

• Defence Long Form Check list – Assessing PMCA WHS Compliance under the Contract
• Defence PMCA – WHS Obligations – Cheat Sheet
• PMCA WHS Contract Administration & Management Obligations for Project Contracts
• WHS Cheat Sheet and Check List
• E&IG Guidance for the Reporting and Managing of WHS Incidents
• Notifiable Incidents and Comcare Reporting Requirements - June 2021 - Duties of Workers
• AE527 WHS Event Report Form

Application of the Commonwealth WHS Legislation

• Applies to all activities of Defence carried out in any Australian State or Territory
• Applies in harmonised and non harmonised (Vic / WA) States and Territories
• is NOT limited to activities carried out on Commonwealth land
• The Commonwealth is the PCBU, NOT the Department of Defence

When does State WHS/OHS Legislation Apply?

• Applies to the Contractor delivering the Contractor's Activities
• Applies to the PMCA delivering the Services
• Regulates Contractor/Consultant behaviour and reporting obligations
• Commonwealth Places (Application of Laws) Act 1970 (Cth)

Enforcement of WHS Legislation

• State/Territory Regulators will maintain responsibility for their WHS Legislation (and OHS Legislation in non-harmonised jurisdictions), including:
  • managing safety and prevention of injuries and illness in the workplace
  • enforcing the WHS Legislation
  • managing the workers' compensation scheme and return to work obligations
  • investigating incidents (including notifiable incidents)
• Comcare maintains responsibility for the matters noted above for workplaces and bodies regulated by the Commonwealth WHS Legislation

What does this mean for Defence Projects?

• Defence must comply with the Cth WHS Legislation when its projects are being delivered
• Contractors/Consultants must comply with the relevant State or Territory WHS/OHS Legislation in delivering a project (unless a Non-Cth Licensee)
• Workers may be governed by both Cth and State WHS Legislation when carrying out work at a Cth Place
• If a project is in a non-harmonised State, Defence and PMCAs cannot disregard the WHS Legislation - it applies to the Commonwealth irrespective of the State's harmonisation status