This article discusses whether a new village operator is legally required to prepare and practice an evacuation plan for a NSW strata village where residents live in independent units, referencing the NSW Work Health and Safety Act 2011 and the concept of a PCBU.
Question: Our new village operator asserts that, as NSW residents live in independent units, they are not legally required to prepare and practice an evacuation plan. Is this correct?
Our strata village has a new operator. The previous operator prepared an evacuation plan for the village and practised it twice a year. The new operator asserts that as village residents live in independent units, in NSW they are not legally required to prepare and practice an evacuation plan. The Act seems to indicate they DO have an obligation for an evacuation plan. What is the legal position?
Answer: The applicability of AS3745 for evacuation plans and training is whether the site has any person or business that could be defined as a PCBU.
I’m not a lawyer, so I can’t provide a legal opinion, but the applicability of AS3745 for evacuation plans and training is whether the site has any person or business that could be defined as a PCBU, e.g., someone is conducting work there.
If so: “Under the Work Health and Safety Act 2011 (NSW), PCBUs must provide adequate training to all workers on site, including emergency evacuation procedures.”
Here’s some official info on the responsibilities of a PCBU: Glossary
I believe a lot is happening in the background to further define the specific applicability of all this to strata as the waters are muddied if a strata block has: contractors on site/ building manager on site/ persons working from home – particularly in the common area.
Rob Broadhead
2020 Fire Protection
E: rob.broadhead@2020fire.com.au
P: 1300 340 210
This post appears in the May 2025 edition of The NSW Strata Magazine.
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