Hi !FirstName,

The new Work Health & Safety Laws that commenced in January 2012 saw the introduction of a new code of practice (Code) for the management and control of asbestos in the workplace.

Under this Code a 'Person Conducting a Business or Undertaking' (PCBU) with management or control of a workplace must ensure, to the extent required by the Work Health & Safety Regulations, that an Asbestos Register and Asbestos Management Plan are prepared, maintained, reviewed and kept at the workplace (see the Code for further information).

Considerations for Commercial Agents

Because the definition of 'person with management or control' is quite broad there is no definitive ruling on whose responsibility it is (Agent's or Principal's) to comply with the Code and may vary on a case by case basis.

As such it would be prudent for Agents to confirm that such documentation, where the Property is required by the Act to have it, has been obtained from the Principal prior to the Agency Agreement being entered into. Agreeing to sell or manage a Property where such documentation is required, but has not been obtained, could put the Agent at risk of significant fines under the Act, particularly where it is found that the Agent is considered the 'person with management or control'.

There have already been instances where a Managing Agent has been considered the person with management or control of the Property and the Principal has relied on the Agent to ensure the Property complies with the Code, where applicable to the Property. In respect to the Asbestos Register, it is thought that the Managing Agent would hold the master copy and the Lessee be given a copy of the Asbestos Register.

Changes to Commercial Agency Agreements

To reflect the above requirements we have made further changes to our Commercial Agency Agreement forms for leasing, managing and selling commercial properties.

The Asbestos Item in the Item Schedule has been removed with new clauses added that:

• Require the Principal to provide copies of the relevant documentation prior to entering into the Agency Agreement where the Principal is required to comply with the Code.
• Outline the requirements under the Code and Work Health & Safety Regulation
• Provide for the Agent's authority to take appropriate steps, at the Principal's expense, to ensure compliance where the Property is required to comply with the Code and the Principal has not complied or the Principal has complied but has failed to provide the Agent with copies of such relevant documentation.

We are mindful of the fact that not all Agents using our forms want the added obligations forced upon the Principal by having an Item in the form for the Principal to fill out. We feel the new format and changes bring awareness to the parties of the Code's requirements and provide the Agent with a means to taking steps to ensure compliance where necessary.

New Workplace Asbestos Information Sheet

For those Agents who wish to obtain asbestos information from the Principal we have released an information sheet (Workplace Asbestos Information Sheet) as part of the Commercial Package. It is a separate form that Agents can ask the Principal to complete and send back.

This form is not required by law but acts as a way of retaining a written account of information from the Principal in regards to compliance with the obligations under the Code and the WHS Regulation and the extent to which the Principal has complied with them, if required.

This information can be used to determine what further requirements, if any, need to be complied with for the Property.

Even though it is not a legal requirement to take advantage of this Information Sheet, it would be prudent to use it, or similar, to protect your interests in respect to Asbestos Legislation as selling or managing Agent.

1. A reminder for you to check that you are running the latest version of ADLForms.

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2. The following forms are now ready for use in ADLForms thanks to valuable customer feedback.

Amended Forms:

• Notice of Termination of Lease (Commercial Package) - minor amendments
• Notice of Termination of Retail Lease (Commercial Package) - minor amendments
• Retail Tenant's Guide - as updated by the Retail Tenancy Unit
• Conjunction Agreement (Commercial & Residential versions) - minor amendments to Item wording and Clauses layout.
• All Residential & Rural Selling Agency Agreements
  • Amendments to the Indemnity Clause to provide further clarification.
  • Added a new Clause 'Electronic Use of Advertising Photographs' to inform Vendors that the Agent has no control over the unauthorised reproduction of photos once uploaded to a third party website when advertising the Property for the Vendor.
• All Residential Managing & Leasing Agency Agreements - Amendments to the Indemnity Clause to provide further clarification.
• Agency Agreements for the sale of a business have also been amended to include a general Work Health & Safety Clause

New Forms:

• Conjunction Agreement (Property Management Package)
• Privacy Statement to Prospective Buyers
• Workplace Asbestos Information Sheet (Commercial Package)

To view the changes made to the forms click on the 'Forms Change History' link in ADLForms (or click here).

Got a form suggestion? We welcome client feedback and form suggestions, so give us a call today (or email us at admin@adlsoftware.com)!

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