Scaffolding and Lifts Act 1912 (ACT)

This Act sets out a compact, prescriptive regulatory framework for the safe erection, use and inspection of lifts, cranes, hoists, plant and scaffolding and for certain building, excavation and compressed air work in the Australian Capital Territory. Mechanically the Act does the following.

Creates the office of Chief Inspector and allows the Minister to appoint inspectors to carry out the Act’s enforcement and inspection functions (s 5; s 5A). These appointments are made under the Legislation Act processes noted in the Act’s notes.
Imposes a pre‑work written notification duty for persons who intend to start building work, excavation work or compressed air work in which cranes, hoists, plant or scaffolding are to be used, and for persons who intend to set up or erect cranes, hoists, plant or scaffolding (s 6(1)). Notices must be posted or left at an address the Minister directs at least 24 hours before starting; the failure attracts up to 20 penalty units (s 6(1)-(2)).
Imposes a like 24‑hour written notice prior to erecting a lift (s 10), with a maximum penalty of 10 penalty units for non‑compliance.
Prohibits smoking inside passenger lifts and requires lessees to display a clearly legible notice inside the lift (s 12A(1)-(2)); the lessee faces up to 5 penalty units for failing to display the notice and individuals face up to 1 penalty unit for smoking in the lift. There is a statutory defence for employers or lessees where the act was carried out by another person without the defendant’s knowledge or consent (s 12A(3)).
Grants inspectors broad powers to enter premises at reasonable times to inspect or examine lifts, scaffolding, cranes, hoists, plant and gear used in connection with building, excavation or compressed air work (s 13).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Scaffolding and Lifts Act 1912 A1912-38 Republication No 7 Effective: 23 June 2021 Republication date: 23 June 2021 Last amendment made by A2021-12

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Scaffolding and Lifts Act 1912 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 June 2021. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 23 June 2021. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Scaffolding and Lifts Act 1912 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Dictionary 2 3 Notes 2 4 Semidetached buildings 2 Part 1A Administration 5 Chief inspector 3 5A Inspectors 3 Part 2 Cranes, hoists, plant and scaffolding and building, excavation and compressed air work 6 Notices about erection of scaffolding and starting of building work etc 4

Contents Page contents 2 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Lifts 10 Notice of erection of lift 6 12A Smoking prohibited in lifts 6 Part 4 Inspection 13 Powers of inspectors 7 15 Inspector may give directions about scaffolding etc 7 Part 5 Miscellaneous 18 Notice of accidents 10 19 Act not to affect rights of person to recover damages 11 21 Determination of fees 11 24 Regulation-making power 12 Dictionary 15 Endnotes 1 About the endnotes 19 2 Abbreviation key 19 3 Legislation history 20 4 Amendment history 24 5 Earlier republications 31

R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Scaffolding and Lifts Act 1912 An Act about scaffolding, lifts, cranes, building, excavation and compressed air work

Part 1 Preliminary Section 1 page 2 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Scaffolding and Lifts Act 1912. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘chief inspector—see section 5.’ means that the term ‘chief inspector’ is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 4 Semidetached buildings For this Act, each building in a pair of semidetached buildings shall be deemed to be a separate building.

Administration Part 1A Section 5 R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1A Administration 5 Chief inspector The Minister may appoint a Chief Inspector of Scaffolding and Lifts (the chief inspector) for this Act. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). 5A Inspectors (1) The Minister may appoint inspectors for this Act. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). (2) The chief inspector is also an inspector.

Part 2 Cranes, hoists, plant and scaffolding and building, excavation and compressed air work Section 6 page 4 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Cranes, hoists, plant and scaffolding and building, excavation and compressed air work 6 Notices about erection of scaffolding and starting of building work etc (1) Every person before starting— (a) to carry out any building work, excavation work or compressed air work in which any crane, hoist, plant or scaffolding is to be used; or (b) to set up or build or set or place in position in connection with any building work, excavation work or compressed air work any crane, hoist, plant or scaffolding that had not been previously used in the ACT in connection with any such work; or (c) to set up or build or set or place in position any crane, hoist, or scaffolding otherwise than as referred to in paragraphs (a) and (b); shall serve on the chief inspector written notice of the person’s intention so to do by posting the notice to the chief inspector or leaving it at the address the Minister may, in writing, direct, at least 24 hours before starting to carry out the building work, excavation work or compressed air work, or to set up or build or set or place in position the crane, hoist, plant or scaffolding. Maximum penalty: 20 penalty units. (2) A direction under subsection (1) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act.

Cranes, hoists, plant and scaffolding and building, excavation and compressed air work Part 2 Section 6 R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) It shall not be necessary to allow any time to elapse after the service of a notice under subsection (1) in the case of an emergency arising from damage caused by lightning, explosion, fire, or rain. (4) The provisions of this section shall not apply to or in relation to— (a) any scaffolding that— (i) is used in connection with ships in dock or on slips or in the erection or demolition of stacks of timber, goods or materials; or (ii) is so placed that a person or object falling from it could not fall a distance of more than 1.8m; or (b) the demolition of— (i) a 1 storey building if the height of the building measured from the ground level at the lowest point (or, if a floor of the building is below the ground level at the lowest point, the lowest floor) to its highest point is not more than 4.6m; or (ii) a structure if the height of the structure measured from its lowest point (the ground level at the lowest point) to its highest point is not more than 4.6m; or (c) any building work in connection with a dwelling house if the work is carried out by the owner or occupier of the dwelling house without assistance from any other person; or (d) building work, other than building work in relation to a single private dwelling house if the costs of the work does not exceed $2 000; or (e) building work in relation to a single private dwelling house if the cost of the work does not exceed $55 000. (5) In this section: cost, of building work—see the Building Act 2004, section 84.

Part 3 Lifts Section 10 page 6 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Lifts 10 Notice of erection of lift Every person before starting to erect a lift shall serve on the chief inspector written notice of the person’s intention to start erecting the lift at least 24 hours before starting. Maximum penalty: 10 penalty units. Note For how documents may be given, see the Legislation Act, pt 19.5. 12A Smoking prohibited in lifts (1) The lessee of a building containing a passenger lift shall ensure— (a) that a notice bearing the words ‘SMOKING IS PROHIBITED’, or words to the like effect, is at all times displayed in a prominent part of the car of the lift; and (b) that the notice is clearly visible and readily legible from the inside of the car. Maximum penalty: 5 penalty units. (2) A person using a passenger lift where such a notice is displayed shall not smoke in the car of the lift. Maximum penalty: 1 penalty unit. (3) It is a defence to a prosecution for an offence against subsection (1) that the commission of the offence arose out of the act of a person other than an employee of the defendant, being an act done without the knowledge or consent of the defendant.

Inspection Part 4 Section 13 R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Inspection 13 Powers of inspectors Every inspector shall have power— (a) to inspect and examine any lift, scaffolding, crane, hoist, plant or gear constructed or used, or in course of construction, or any building work, excavation work or compressed air work, and for that purpose may enter any building, place or premises at all reasonable times; and (b) to make the examination and inquiries the inspector considers necessary to ascertain whether the requirements of this Act are being or have been complied with. 15 Inspector may give directions about scaffolding etc (1) If it appears to an inspector— (a) that the use of any lift or any scaffolding or crane or hoist or plant, or any gear used in connection with them or the way of carrying out any building work, excavation work or compressed air work would be dangerous to human life or limb; or (b) that, with regard to any lift or any scaffolding or crane or hoist or plant or gear used in connection with them erected or used or in course of erection or any building work, excavation work or compressed air work, the regulations are not being complied with; the inspector may give the written directions to the owner of or person using the lift or to the owner of or the person in charge or apparently in charge of the scaffolding, crane, hoist, plant, or gear or to the owner, contractor, person in charge or apparently in charge of the building work, excavation work or compressed air work that the inspector considers necessary to prevent accidents or to ensure a compliance with the regulations.

Part 4 Inspection Section 15 page 8 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The person must comply with the direction unless the person appeals against it in accordance with subsection (6). (3) If an inspector gives any directions under subsection (1) because of subsection (1) (a), the inspector may at the time of giving the directions or subsequently order— (a) the owner of or any persons using the lift in relation to which the directions are given forthwith to cease using the lift; or (b) order the owner of or any persons working or using any scaffolding, crane, hoist, plant or gear in relation to which the directions are given to cease working or using the scaffolding, crane, hoist, plant or gear; or (c) order the contractor or person in charge or apparently in charge of any building work, excavation work or compressed air work in relation to which the directions are given to discontinue the work. (4) Any order, or variation of the order given under subsection (3), shall unless sooner revoked have effect until the directions have or any order on appeal from them has been complied with. (5) Any order given under subsection (3) may specify the measures to be taken by the person to whom it is given to implement the order. (6) A person to whom directions have been given under this section may, within 24 hours after the directions have been given, appeal against the directions to the Minister. (7) A person who appeals against the directions of an inspector under subsection (6) shall give notice of the appeal to the inspector. (8) The Minister shall hear and determine the appeal with all reasonable dispatch and shall, by written order given to the appellant (which order shall be final and conclusive), affirm, vary or rescind the direction.

Inspection Part 4 Section 15 R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (9) A person must not fail to comply with— (a) a direction or order given to the person by an inspector under this section; or (b) an order made by the Minister under this section. Maximum penalty: 50 penalty units. (10) In this section: the Minister includes a person authorised by the Minister to hear appeals under this section.

Part 5 Miscellaneous Section 18 page 10 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Miscellaneous 18 Notice of accidents (1) If an accident occurs in connection with any crane, hoist, lift, plant, scaffolding, gear, building work, excavation work, or compressed air work, and the accident— (a) causes loss of life or serious personal injury; or (b) is an accident involving any breakage, distortion, or damage to any loadbearing member or part of a crane, hoist, lift, plant, scaffolding, gear or supporting structure; or (c) so disables any person working on or about the crane, hoist, lift, plant, scaffolding, gear, building work, excavation work, or compressed air work as to prevent the person from returning to work within 48 hours after the accident; written notice of the accident shall forthwith be given to the chief inspector by the owner or person in charge of the crane, hoist, lift, plant, scaffolding or gear or by the person in charge of or contractor for the building work, excavation work or compressed air work, and the chief inspector shall, in addition, be notified orally of an accident to which paragraph (a) applies, as soon as possible after its occurrence. Maximum penalty: 20 penalty units. Note For how documents may be given, see the Legislation Act, pt 19.5. (2) No person shall move or in any way interfere with any crane, hoist, lift, plant, scaffolding, gear, or supporting structure, or part of it involved in any accident referred to in subsection (1), or any object, article, or thing whatsoever affected or damaged as a result of the accident, unless and until the person has obtained the permission of the chief inspector or an inspector so to do. Maximum penalty: 20 penalty units.

Miscellaneous Part 5 Section 19 R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) However, subsection (2) does not apply if any such movement or interference is necessary to aid or relieve any person involved in any accident or to prevent further injury to person or property. 19 Act not to affect rights of person to recover damages Nothing in this Act operates to prejudice or affect any right that, if this Act had not been enacted, a person would have had to recover damages, take any suit or proceeding, or receive any payment or compensation in relation to any injury sustained by the person while— (a) driving— (i) any power crane; or (ii) any power hoist used in building work or excavation work; or (iii) any other power hoist controlled or operated from a platform, seat, cage or cab attached to or moving with the hoist unit; or (b) acting as a rigger, dogger, scaffolder or crane chaser; or (c) engaged in any building work, compressed air work, excavation work or in work in connection with any crane, gear, hoist, lift, plant, scaffolding or supporting structure to which any of the provisions of this Act apply. 21 Determination of fees (1) The Minister may, in writing, determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

Part 5 Miscellaneous Section 24 page 12 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) Without limiting subsection (1), a fee may be determined for or in relation to— (a) applications for permits to erect lifts; and (b) applications for learners permits; and (c) reviewing the designs and descriptions of cranes, hoists, lifts, plant, scaffolding and gear; and (d) the inspection and testing of cranes, hoists, lifts, plant, scaffolding and gear; and (e) the notification of intention to begin building work, excavation work or compressed air work. (3) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 24 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislation Assembly, under the Legislation Act. (2) The regulations may make provision— (a) prescribing all matters necessary or convenient to be prescribed in relation to notices of intention to set up or build or set or place in position any crane, hoist, plant or scaffolding or to erect any lift or to carry out any building work, excavation work or compressed air work; and (b) prohibiting the erection or alteration of any lift, crane, or hoist without the permission of the chief inspector, and prescribing all matters necessary or convenient to be prescribed in connection with applications for the permission, and the plans and descriptions and other particulars to be lodged with the applications; and

Miscellaneous Part 5 Section 24 R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) requiring that notice shall be given to the chief inspector if the ownership or right of control of a lift has been changed by sale, transfer or otherwise; and (e) requiring cranes, hoists and lifts to be registered and prescribing matters in relation to their registration; and (g) relating to— (i) the proper design, construction, erection, use and maintenance of cranes, hoists, lifts, plant, scaffolding and gear; and (ii) the duties of persons in charge of lifts, drivers of power cranes and power hoists and of riggers, doggers, scaffolders and crane chasers; and (iii) the duties of persons in charge of or engaged in the erection, use, maintenance, or dismantling of cranes, hoists, lifts, plant or scaffolding; and (iv) the way of carrying out building work, excavation work or compressed air work; and (v) safeguards and measures to be taken for securing the safety and health of persons engaged in building work, excavation work or compressed air work, or at or in connection with cranes, hoists, lifts, plant, scaffolding or gear; and (vi) the qualifications, powers and duties of the chief inspector and inspectors; and (h) prescribing the precautions and measures to be taken for securing the safety of persons if the roof of any building or structure, whether constructed or in course of construction, is, or is intended to be, sheathed with asbestos cement or other brittle material.

Part 5 Miscellaneous Section 24 page 14 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The regulations may adopt wholly or partially either specifically or by reference any of the standard rules, codes or specifications of Standards Australia, the British Standards Institution or other recognised authority relating to the design, construction, erection, use or maintenance of cranes, hoists, lifts, plant, scaffolding or gear. (4) The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Dictionary R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • Minister (see s 162) • person (see s 160). area, of a building, means— (a) for a 1 storey building—the area measured between the outer surfaces of the walls at the floor level of the building; or (b) for a multistorey building—the total of the areas measured between the outer surfaces of the walls, at the floor level of each storey; and includes the area of a garage, carport, verandah or other structure, whether or not it is attached to or forms part of the building. automatic lift means any lift comprising a car or platform running between guides and capable of being operated from any landing, place or position outside the confines of the car or platform. building work means work in constructing, erecting, adding to, altering, repairing, equipping, finishing, painting, cleaning or demolishing that, when done in relation to a building or structure, is done at or adjacent to the site of the building or structure and that, when done in relation to a ship, is done on or adjacent to a ship in dock or on slips. chief inspector—see section 5. compressed air work includes any work done by any person in air the atmospheric pressure of which exceeds 1 atmosphere. contractor means a person, firm, partnership, company, or corporation employing any person to perform any building work excavation work or compressed air work.

Dictionary page 16 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au crane means derrick crane, jib crane, cantilever crane, overhead travelling crane, bridge or gantry crane, locomotive crane, mobile crane, power shovel, excavator, charging crane, flying fox, or any other apparatus or contrivance used or capable of being used for raising, lowering, handling or transporting loads in like way, and includes the supporting structure and the gear used in connection with the crane, but does not include a lift or hoist. crane chaser means a person employed to attend and sling loads, and to control the movements of loads, handled by a crane if the loads are usually at all times in full view of the crane driver. dogger means a person directly responsible for slinging and controlling the movement of loads by a crane if the loads are not usually at all times in full view of the crane driver. excavation work includes any work in relation to— (a) excavating for or preparing foundations for a building or structure; or (b) tunnelling; or (c) the sinking or digging of a shaft or well; or (d) excavating for water, sewerage, drainage, gas or electricity supply; but does not include an excavation less than 1.5m deep (measured from the top of the excavation). gear includes ladder, plank, chain, rope, hook, sling, hanger, yoke, fastening, shackle, slipring, turnbuckle, stay, brace, block, bracket, pulley, kibble, box, bucket, grab, hose, electrical conductor or fitting, or other equipment used in connection with scaffolding, a lift, crane, hoist, or plant, or building working, excavation work, or compressed air work.

Dictionary R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au hoist means hoist or hoisting appliance, sheerlegs, derrick pole or other apparatus or contrivance used or capable of being used for raising, lowering, handling, or transporting loads in like way and includes a pile-driver or tilter and the supporting structure and the gear used in connection with the hoist, but does not include crane or lift. inspector means a person who is an inspector under section 5A. lift means apparatus or contrivance within or attached to a building or structure worked by any power other than hand by which persons or goods are raised or lowered, and includes the supporting structure, machinery, equipment, gear and enclosures used in connection with the lift, but does not include crane or hoist. owner, of any crane, gear, hoist, lift, plant, or scaffolding, includes the owner, mortgagee in possession, lessee, hirer, or borrower of it. passenger lift means a lift by which persons other than the attendant or persons required for loading or unloading goods are carried, and includes any lift certified by the chief inspector to be a passenger lift. plant means— (a) any machine or machinery driven by other than manual power; and (b) any airlock and welding equipment; used or intended for use in building work, excavation work, or compressed air work, and the gear used in connection with and the supporting structure of the plant, but does not include crane, hoist or lift. power crane means any crane driven by other than manual power. power hoist means any hoist driven by other than manual power.

Dictionary page 18 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au rigger means a person directly in charge of— (a) the initial work of erecting or placing in position the members of any type of structure other than scaffolding; or (b) dismantling or demolishing structures other than scaffolding; or (c) setting up cranes or hoists. scaffolder means a person engaged in the work of erecting, altering or demolishing scaffolding if a person or object falling from the scaffolding could fall a distance of 4m or more. scaffolding means structure, staging, platform, or swinging stage or boatswain’s chair set up or used for or in connection with the carrying out of— (a) building work; or (b) the erection or dismantling of machinery, plant or equipment; or (c) the erection or demolition of stacks of timber, goods or materials; and includes the supporting structure and gear used in connection with the scaffolding. supporting structure means any structure, structural member or foundation (including any part of a building or its foundations) subject in any way to direct or indirect loading as the result of the installation or use of scaffolding, a lift, crane, hoist or plant.

Endnotes About the endnotes 1 R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 20 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This Act was originally a NSW Act—the Scaffolding and Lifts Act 1912 A1912-38 (NSW). The Scaffolding and Lifts Act 1912 (NSW) was applied, in a modified form, as an ACT law by the Scaffolding and Lifts Act 1957 (now repealed). Under the Interpretation Act 1967 (repealed), s 65 all former NSW Acts in force in the ACT immediately before 10 November 1999 (including this Act) became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former NSW Acts fully into ACT laws. Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). NSW legislation Scaffolding and Lifts Act 1912 A1912-38 assented to 26 November 1912 commenced 26 November 1912 as amended by Factories and Shops (Amendment) Act 1936 Act 1936 No 37 s 5 assented to 23 July 1936 s 5 commenced 31 July 1936 (s 1 (4) and NSW Gaz 1936 No 122) Statute Law Revision Act 1937 Act 1937 No 35 sch 2 assented to 23 December 1937 sch 2 commenced 23 December 1937 Scaffolding and Lifts (Amendment) Act 1942 Act 1942 No 35 assented to 24 December 1942 commenced 18 January 1943 (s 1 (4) and NSW Gaz 1943 No 8) Scaffolding and Lifts (Amendment) Act 1948 Act 1948 No 38 assented to 14 December 1948 commenced 1 June 1950 (s 1 (4) and NSW Gaz 1950 No 85)

Endnotes Legislation history 3 R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Commonwealth legislation Scaffolding and Lifts Act 1957 A1957-8 sch pt 1 (as am by Ord1966-19 s 7; Ord1974-26; Ord1976-7; Ord1977-28; Ord1978-17; Ord1981-15; Ord1983-34 s 5; Ord1989-38 sch 1) notified 19 September 1957 (Cwlth Gaz 1957 No 51) commenced 19 September 1957 Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966-19 s 7 notified 23 December 1966 (Cwlth Gaz 1966 No 109) commenced 23 December 1966 Note This ordinance only amends the Scaffolding and Lifts Act 1957 A1957-8. Scaffolding and Lifts Ordinance 1974 Ord1974-26 notified 30 July 1974 (Cwlth Gaz 1974 No 62) commenced 30 July 1974 Note This ordinance only amends the Scaffolding and Lifts Act 1957 A1957-8. Scaffolding and Lifts Ordinance 1976 Ord1976-7 notified 24 February 1976 (Cwlth Gaz 1976 No S38) commenced 24 February 1976 Note This ordinance only amends the Scaffolding and Lifts Act 1957 A1957-8. Scaffolding and Lifts (Amendment) Ordinance 1977 Ord1977-28 notified 1 July 1977 (Cwlth Gaz 1977 No S124) commenced 1 July 1977 Note This ordinance only amends the Scaffolding and Lifts Act 1957 A1957-8. Scaffolding and Lifts (Amendment) Ordinance 1978 Ord1978-17 notified 4 July 1978 (Cwlth Gaz 1978 No G26) commenced 4 July 1978 Note This ordinance only amends the Scaffolding and Lifts Act 1957 A1957-8.

Endnotes 3 Legislation history page 22 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Scaffolding and Lifts (Amendment) Ordinance 1981 Ord1981-15 notified 30 June 1981 (Cwlth Gaz 1981 No S128) commenced 30 June 1981 Note This ordinance only amends the Scaffolding and Lifts Act 1957 A1957-8. Scaffolding and Lifts (Amendment) Ordinance 1983 Ord1983-34 notified 29 September 1983 (Cwlth Gaz 1983 No S226) commenced 1 October 1983 (s 2) Note This ordinance only amends the Scaffolding and Lifts Act 1957 A1957-8. Self-Government (Consequential Amendments) Ordinance 1989 Ord1989-38 sch 1 notified 10 May 1989 (Cwlth Gaz 1989 No S160) s 1, s 2 commenced 10 May 1989 (s 2 (1)) sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164) Note This ordinance only amends the Scaffolding and Lifts Act 1957 A1957-8. Legislation after becoming Territory enactment Statute Law Revision (Penalties) Act 1994 A1994-81 sch notified 29 November 1994 (Gaz 1994 No S253) s 1, s 2 commenced 29 November 1994 (s 2 (1)) sch commenced 29 November 1994 (s 2 and Gaz 1994 No S269) Statute Law Revision Act 1995 A1995-46 sch notified 18 December 1995 (Gaz 1995 No S306) amdts commenced 18 December 1995 (s 2) Statute Law Revision (Penalties) Act 1998 A1998-54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Utilities (Consequential Provisions) Act 2000 A2000-66 sch 1 pt 15 notified 20 December 2000 (Gaz 2000 No S68) s 1, s 2 commenced 20 December 2001 (IA s 10B) sch 1 pt 15 commenced 1 January 2001 (s 2 (1) and Gaz 2000 No S69)

Endnotes Legislation history 3 R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2001 A2001-11 sch 3 notified 29 March 20001 (Gaz 2001 No 13) commenced 29 March 2001 (s 2) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 358 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 358 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Construction Occupations Legislation Amendment Act 2004 A2004-13 sch 2 pt 2.25 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.25 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.84 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.84 commenced 9 April 2004 (s 2 (1)) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.91 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.91 commenced 12 April 2007 (s 2 (1)) Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.53 notified LR 9 June 2021 s 1, s 2 commenced 9 June 2021 (LA s 75 (1)) sch 3 pt 3.53 commenced 23 June 2021 (s 2 (1))

Endnotes 4 Amendment history page 24 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Title title sub A2001-11 amdt 3.199 Name of Act s 1 am Act 1942 No 35 (NSW) s 6; Act 1948 No 38 (NSW) s 6; Ord1957-8 sch pt 1 (as am Ord1977-28 s 4) sub A2001-11 amdt 3.200 Dictionary s 2 om Ord1957-8 sch pt 1 ins A2001-11 amdt 3.201 am A2007-3 amdt 3.464 Notes s 3 orig s 3 am Ord1957-8 sch pt 1 (as am Ord1974-26 s 2) defs reloc to dict A2001-11 amdt 3.202 am A2001-11 amdt 3.203, amdt 3.206 s 3 (2) renum as s 4 A2001-44 amdt 3.204 pres s 3 ins A2001-11 amdt 3.201 def approved plans and specifications ins Ord1957-8 sch pt 1 (as am Ord1974-26 s 2) om A2001-11 amdt 3.203 def authorised attendant am Act 1942 No 35 (NSW) s 2 om A2001-11 amdt 3.203 def automatically controlled lift am Act 1942 No 35 (NSW) s 2 om Act 1948 No 38 (NSW) s 2 def chief inspector ins Act 1942 No 35 (NSW) s 2 sub Ord1957-8 sch pt 1 (as am Ord1974-26 s 2) om A2001-11 amdt 3.203 def commercial building work ins Ord1957-8 sch pt 1 (as am Ord1974-26 s 2; as om Ord1977-28 s 5) def cost ins Ord1957-8 sch pt 1 (as am Ord1974-26 s 2; Ord1977-28 s 5) om A2001-11 amdt 3.203 def dogman ins Ord1957-8 sch pt 1 om A2001-11 amdt 3.203 def engine am Act 1942 No 35 (NSW) s 2 sub Act 1942 No 35 (NSW) s 2 om Act 1948 No 38 (NSW) s 2 def excavation work ins Act 1948 No 38 (NSW) s 2 am A2000-66 sch 1 pt 15 om A2001-11 amdt 3.203 def horizontal base am Act 1942 No 35 (NSW) s 2 om Act 1942 No 35 (NSW) s 2

Endnotes Amendment history 4 R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def inspector am Act 1942 No 35 (NSW) s 2 sub Ord1957-8 sch pt 1 om A2001-11 amdt 3.203 def network facility ins A2000-60 sch 1 pt 15 om A2001-11 amdt 3.203 def prescribed ins Act 1942 No 35 (NSW) s 2 om A2001-11 amdt 3.203 def residential building work ins Ord1957-8 sch pt 1 (as am Ord1974-26 s 2; as om Ord1977-28 s 5) def scaffolder ins Ord1957-8 sch pt 1 (as am Ord1974-26 s 2) om A2001-11 amdt 3.203 def steam crane am Act 1942 No 35 (NSW) s 2 om Act 1942 No 35 (NSW) s 2 def the building regulations ins Ord1957-8 sch pt 1 (as am Ord1974-26 s 2) om A2001-11 amdt 3.203 Semidetached buildings s 4 hdg ins A2001-11 amdt 3.205 s 4 orig s 4 om Ord1957-8 sch pt 1 (prev s 3 (2)) renum A2001-11 amdt 3.204 Act not to apply to certain cranes, lifts, building work etc s 4A ins Act 1948 No 38 (NSW) s 2 om Ord1957-8 sch pt 1 Act to bind Crown s 4B ins Act 1948 No 38 (NSW) s 2 om Ord1957-8 sch pt 1 Administration pt 1A hdg ins A2001-11 amdt 3.207 Chief inspector s 5 am Act 1942 No 35 (NSW) s 3 om Ord1957-8 sch pt 1 ins A2001-11 amdt 3.207 am A2007-3 amdt 3.465 Inspectors s 5A ins Act 1948 No 38 (NSW) s 2 om Ord1957-8 sch pt 1 ins A2001-11 amdt 3.207 am A2007-3 amdt 3.465 Cranes, hoists, plant and scaffolding and building, excavation and compressed air work pt 2 hdg am Act 1942 No 35 (NSW) s 6 sub Act 1948 No 38 (NSW) s 3

Endnotes 4 Amendment history page 26 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Notices about erection of scaffolding and starting of building work etc s 6 am Act 1942 No 35 (NSW) s 4; Act 1948 No 38 (NSW) s 3; Ord1957-8 sch pt 1 (as am Ord1974-26 s 2; Ord1977-28 s 5; Ord1981-15 s 2); A1994-81 sch; A2001-11 amdts 3.208- 3.312; A2001-44 amdt 1.3869, amdt 1.3870; A2004-13 amdt 2.90 Scaffolding etc to be in accordance with regulations s 7 am Act 1942 No 35 (NSW) s 4 om Act 1948 No 38 (NSW) s 3 Proclamation of new regulations s 8 am Act 1942 No 35 (NSW) s 4 om Act 1948 No 38 (NSW) s 3 Mode of proclaiming amendments of Second Schedule s 9 om Act 1948 No 38 (NSW) s 3 Notice of erection of lift s 10 am Act 1942 No 35 (NSW) s 5; Act 1948 No 38 (NSW) s 3; Ord1957-8 sch pt 1 (as am Ord1966-19 s 7); A1994-81 sch; A2001-11 amdt 3.213; A2007-3 amdt 3.466 Authorised attendant to be in charge of lift s 11 am Act 1948 No 38 (NSW) s 3; Ord1957-8 sch pt 1 (as am Ord1966-19 s 7); A1994-81 sch om A2001-11 amdt 3.214 Name of attendant to be shown on lift s 12 am A1994-81 sch om A2001-11 amdt 3.214 Smoking prohibited in lifts s 12A ins Ord1957-8 sch pt 1 (as am Ord1978-17 s 2) am A1994-81 sch Powers of inspectors s 13 sub Act 1942 No 35 (NSW) s 5 am Act 1948 No 38 (NSW) s 4; Ord1957-8 sch pt 1; A2001-11 amdt 3.215 Inspector may suspend incompetent attendant s 14 am Ord1957-8 sch pt 1 (as am Ord1966-19 s 7); A1994-81 sch om A2001-11 amdt 3.216 Inspector may give directions about scaffolding etc s 15 am Act 1936 No 37 (NSW) s 5; Act 1942 No 35 (NSW) s 5; Act 1948 No 38 (NSW) s 4; Ord1957-8 sch pt 1 (as am Ord1966-19 s 7); A1994-81 sch; A1995-46 sch; A2001-11 amdts 3.217-3.229

Endnotes Amendment history 4 R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Obstruction etc of inspectors s 16 am Act 1942 No 35 (NSW) s 5; Ord1957-8 sch pt 1 (as am Ord1966-19 s 7); A1994-81 sch sub A2001-11 amdt 3.230 om A2004-15 amdt 2.174 Power crane and power hoist drivers s 17 am Act 1936 No 37 (NSW) s 5; Act 1942 No 35 (NSW) s 5 sub Act 1948 No 38 (NSW) s 5 am Ord1957-8 sch pt 1 (as am Ord1976-7 s 3); A1998-54 sch om A2001-11 amdt 3.231 Riggers, dogmen, scaffolders and crane chasers s 17A ins Act 1948 No 38 (NSW) s 5 am Ord1957-8 sch pt 1 (as am Ord1976-7 s 3); A1998-54 sch om A2001-11 amdt 3.231 Miscellaneous pt 5 hdg orig pt 5 hdg am Act 1942 No 35 (NSW) s 6 sub Act 1948 No 38 (NSW) s 5 om A2001-11 amdt 3.231 ins A2001-11 amdt 3.232 Notice of accidents s 18 am Act 1942 No 35 (NSW) s 5 sub Act 1948 No 38 (NSW) s 6 am Ord1957-8 sch pt 1 (as am Ord1966-19 s 7; Ord1976-7 s 3); A1994-81 sch; A2001-11 amdts 3.233-3.239; A2007-3 amdt 3.466 Act not to affect rights of person to recover damages s 19 ins Act 1948 No 38 (NSW) s 6 am Ord1957-8 sch pt 1; A2001-11 amdts 3.240-3.243 Approved forms s 20 ins Act 1948 No 38 (NSW) s 6 om A2001-11 amdt 3.244 ins A2001-11 amdt 3.245 sub A2001-44 amdt 1.3871 om A2021-12 amdt 3.164 Determination of fees s 21 ins Act 1948 No 38 (NSW) s 6 am Ord1957-8 sch pt 1 (as am Ord1966-19 s 7); A1994-81 sch om A1998-54 sch ins A2001-11 amdt 3.245 am A2001-44 amdt 1.3872, amdt 1.3873

Endnotes 4 Amendment history page 28 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Fees payable to Territory in accordance with determinations etc s 22 orig s 22 renum as s 24 ins A2001-11 amdt 3.245 om A2001-44 amdt 3.874 Regulations may make provision about fees s 23 ins A2001-11 amdt 3.245 om A2001-44 amdt 3.874 Regulation-making power s 24 hdg (prev s 22 hdg) sub A2001-11 amdt 3.254 renum A2001-11 amdt 3.254 s 24 (prev s 22) ins Act 1948 No 38 (NSW) s 6 am Ord1957-8 sch pt 1 (as am Ord1966-19 s 7; Ord1983-34 s 5; Ord1989-38 sch 1); A1998-54 sch; A2001-11 amdts 3.247-3.253 renum A2001-11 amdt 3.254 am A2001-44 amdt 1.3875, amdt 1.3876 Transitional pt 6 hdg sub Act 1948 No 38 (NSW) s 6 om A2001-11 amdt 3.232 ins A2001-11 amdt 3.255 exp 29 March 2002 (s 29 (1)) Existing chief inspector s 25 ins A2001-11 amdt 3.255 exp 29 March 2002 (s 29 (1)) Existing inspectors s 26 ins A2001-11 amdt 3.255 exp 29 March 2002 (s 29 (1)) Existing fees s 27 ins A2001-11 amdt 3.255 exp 29 March 2002 (s 29 (1)) Existing regulations s 28 ins A2001-11 amdt 3.255 am A2001-44 amdt 1.3877 exp 29 March 2002 (s 29 (1)) Expiry of pt 6 s 29 ins A2001-11 amdt 3.255 am A2001-44 amdt 1.3878 exp 29 March 2002 (s 29 (1)) Repeal of Acts sch 1 om Ord1957-8 sch pt 1

Endnotes Amendment history 4 R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Regulations sch 2 am Act 1937 No 35 (NSW) sch 2 om Act 1948 No 38 (NSW) s 6 Dictionary dict ins A2001-11 amdt 3.256 am A2007-3 amdt 3.467 def area ins A2001-11 amdt 3.256 def automatic lift ins Act 1948 No 38 (NSW) s 2 reloc from s 3 A2001-11 amdt 3.202 def building work ins Act 1942 No 35 (NSW) s 2 am Act 1948 No 38 (NSW) s 2 reloc from s 3 A2001-11 amdt 3.202 def chief inspector ins A2001-11 amdt 3.256 def compressed air work ins Act 1948 No 38 (NSW) s 2 reloc from s 3 A2001-11 amdt 3.202 def contractor ins Act 1948 No 38 (NSW) s 2 reloc from s 3 A2001-11 amdt 3.202 def crane ins Act 1942 No 35 (NSW) s 2 am Act 1948 No 38 (NSW) s 2 reloc from s 3 A2001-11 amdt 3.202 def crane chaser ins Ord1957-8 sch pt 1 reloc from s 3 A2001-11 amdt 3.202 def credit card ins A2001-11 amdt 3.256 om A2007-3 amdt 3.468 def dogger ins A2001-11 amdt 3.256 def excavation work ins A2001-11 amdt 3.256 def gear am Act 1942 No 35 (NSW) s 2 sub Act 1942 No 35 (NSW) s 2 am Act 1948 No 38 (NSW) s 2 reloc from s 3 A2001-11 amdt 3.202 def hoist ins Act 1948 No 38 (NSW) s 2 reloc from s 3 A2001-11 amdt 3.202 def inspector ins A2001-11 amdt 3.256 def lift am Act 1942 No 35 (NSW) s 2 sub Act 1942 No 35 (NSW) s 2 am Act 1948 No 38 (NSW) s 2 reloc from s 3 A2001-11 amdt 3.202 def owner ins Act 1948 No 38 (NSW) s 2 reloc from s 3 A2001-11 amdt 3.202 def passenger lift am Act 1942 No 35 (NSW) s 2 sub Act 1942 No 35 (NSW) s 2 reloc from s 3 A2001-11 amdt 3.202 def plant ins Act 1948 No 38 (NSW) s 2 reloc from s 3 A2001-11 amdt 3.202 def power crane ins Act 1942 No 35 (NSW) s 2 reloc from s 3 A2001-11 amdt 3.202

Endnotes 4 Amendment history page 30 Scaffolding and Lifts Act 1912 Effective: 23/06/21 R7 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def power hoist ins Act 1948 No 38 (NSW) s 2 reloc from s 3 A2001-11 amdt 3.202 def rigger ins Ord1957-8 sch pt 1 (as am Ord1974-26 s 2) reloc from s 3 A2001-11 amdt 3.202 def scaffolder ins A2001-11 amdt 3.256 def scaffolding am Act 1942 No 35 (NSW) s 2 sub Act 1942 No 35 (NSW) s 2 reloc from s 3 A2001-11 amdt 3.202 def supporting structure ins Act 1942 No 35 (NSW) s 2 am Act 1948 No 38 (NSW) s 2 reloc from s 3 A2001-11 amdt 3.202

Endnotes Earlier republications 5 R7 23/06/21 Scaffolding and Lifts Act 1912 Effective: 23/06/21 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 Ord1983-34 31 August 1992 2 A1995-46 1 January 1996 3 A2001-44 21 August 2002 4 A2004-15 9 April 2004 5 A2004-15 1 September 2004 6 A2007-3 12 April 2007 © Australian Capital Territory 2021

The Act relies on a small set of defined technical and administrative concepts that structure compliance and enforcement.

“Building work”: defined in the dictionary as work in constructing, erecting, adding to, altering, repairing, equipping, finishing, painting, cleaning or demolishing a building or structure where the work is at or adjacent to the site (Dictionary, building work). This definition anchors many of the notification and inspection duties.
“Crane”, “hoist”, “lift”, “plant”, “scaffolding”, “gear” and “supporting structure”: each is defined in the dictionary with functional descriptions that determine whether the Act applies to a particular item (Dictionary, crane; hoist; lift; plant; scaffolding; gear; supporting structure). For example a “lift” is an apparatus within or attached to a building worked by power other than hand and explicitly excludes a crane or hoist (Dictionary, lift). A “crane” expressly excludes a lift (Dictionary, crane).
“Owner”: the dictionary defines “owner” of equipment to include owner, mortgagee in possession, lessee, hirer or borrower (Dictionary, owner). That widens legal responsibility beyond mere title holders to those in current control or use of equipment.
“Compressed air work”: includes any work done in air at atmospheric pressure exceeding 1 atmosphere (Dictionary, compressed air work). This definition pulls under the Act’s scope particular high‑risk activities common on construction sites.
Notification: s 6(1) and s 10 impose written, posted or left notices to the chief inspector or a Minister‑directed address at least 24 hours before starting specified work or erecting lifts. A direction as to the address is a notifiable instrument (s 6(2)).
Inspection and direction: inspectors have entry and inspection powers (s 13) and may give written directions to persons in charge where there is danger to life or limb or non‑compliance with regulations (s 15(1)). Directions may include immediate cessation orders (s 15(3)) and can be appealed to the Minister within 24 hours (s 15(6)-(8)). Compliance with directions and Ministerial orders is mandatory (s 15(2), (9)).
Accident reporting and preservation: s 18 requires immediate written notice of an accident that causes death or serious injury or certain structural damage or disables a person for more than 48 hours; in the case of death, oral notification is also required as soon as possible. It also prohibits any interference with the accident scene except with inspector permission, subject to rescue exceptions (s 18(1)-(3)).
Delegation and standards adoption: s 24 allows the regulations to prescribe technical standards and adopt standards by reference (s 24(3)), to require registration of plant and machinery (s 24(2)(e)), to prescribe qualifications and duties for roles such as drivers, riggers, scaffolders and chasers (s 24(2)(g)(ii)-(iii)), and to set offences and penalties up to 10 penalty units (s 24(4)).

These concepts allocate responsibility across owners, persons in charge, contractors and inspectors and channel the technical content to regulations and determinations. The Act’s structure is therefore a skeleton of duties, inspection powers, and penalties supported by delegated instruments for technical specification.

The Act reaches a set of identifiable actors on a construction or building site and in buildings with powered lifts.

Persons intending to carry out building work, excavation work or compressed air work in which any crane, hoist, plant or scaffolding is to be used are directly captured by the pre‑work notice duty (s 6(1)(a)). That is not limited to licensed trades; the duty attaches to “every person” starting such work.
Persons setting up, building, placing or erecting cranes, hoists, plant or scaffolding that have not previously been used in the ACT in connection with such work, and persons setting up such equipment otherwise than in connection with building/excavation/compressed air work, must also serve notice before starting (s 6(1)(b)-(c)). The Act thus sweeps both site employers and equipment installers.
Owners as defined broaden the responsible party beyond legal title holders to include mortgagees in possession, lessees, hirers and borrowers (Dictionary, owner). The owner definition means that leased or hired plant can carry owner‑level duties.
Contractors: the dictionary defines “contractor” to include persons, firms, partnerships, companies or corporations employing any person to perform building, excavation or compressed air work. Contractors will therefore be liable for notifications, accident reporting, and to comply with inspector directions in respect of work they direct (Dictionary, contractor; s 6(1); s 18).
Occupational roles: the definitions identify occupational roles that the regulations may address, including rigger, dogger, scaffolder, crane chaser, power crane and power hoist drivers (Dictionary, rigger; dogger; scaffolder; crane chaser; power crane; power hoist). While not all the detailed role duties remain in the Act itself, s 24(2)(g) expressly contemplates regulations prescribing duties and qualifications for these persons.
Lessees of buildings with passenger lifts: s 12A(1) places a continuing duty on the lessee of a building containing a passenger lift to ensure a “SMOKING IS PROHIBITED” (or similar) notice is displayed and visible from inside the car, and s 12A(2) makes smoking in the lift an individual offence.
Inspectors and the chief inspector: the Minister appoints a chief inspector and inspectors who have powers to inspect, issue directions and order immediate cessation of dangerous use or work (s 5; s 5A; s 13; s 15).
The Minister and Executive: the Minister decides appointment and hears appeals against inspectors’ directions (s 5; s 15(6)-(8)); the Executive (through regulation) sets technical standards, registration and procedural rules (s 24).

The Act also affects entities required to pay administrative fees once the Minister determines them under s 21. Those specified fee categories include permit applications for lifts, learner permits, design reviews, inspections and testing, and notifications to begin work (s 21(2)(a)-(e)). The Act therefore imposes both operational duties on site actors and administrative obligations on owners/operators that interact with the chief inspector’s office and the regulatory scheme.

The Act assigns a set of precise duties and also preserves certain rights. Below is a practical mapping of the principal duties and the statutory rights or procedural protections provided.

Primary duties

Pre‑work notification duty. Every person must serve a written notice to the chief inspector, by posting or leaving it at the Minister‑directed address, at least 24 hours before starting:
- building, excavation or compressed air work that will use any crane, hoist, plant or scaffolding (s 6(1)(a));
- setting up or placing cranes, hoists, plant or scaffolding not previously used in the ACT in connection with such work (s 6(1)(b));
- setting up or placing any crane, hoist or scaffolding otherwise than as in (a) and (b) (s 6(1)(c)). This duty carries a maximum penalty of 20 penalty units (s 6(1)).
Lift erection notice. Every person must give written notice to the chief inspector at least 24 hours before starting to erect a lift (s 10). Maximum penalty 10 penalty units.
Smoking signage and prohibition. Lessee must display an anti‑smoking notice in passenger lift cars that is readable from inside; individuals must not smoke in a car where such a notice is displayed (s 12A(1)-(2)). Penalties: 5 penalty units for the lessee’s failure to display and 1 penalty unit for a person smoking (s 12A(1)-(2)). Defence for employers/lessees where act was by another person without knowledge/consent (s 12A(3)).
Accident notification and scene preservation. The owner or person in charge must give written notice “forthwith” of accidents causing death, serious injury, structural damage to loadbearing members, or disabling injury preventing return to work within 48 hours (s 18(1)). For fatal accidents the chief inspector must also be notified orally as soon as possible (s 18(1)). No person may move or interfere with equipment or objects involved in the accident except with inspector permission; penalty up to 20 penalty units (s 18(2)-(3)).
Compliance with inspector directions. When inspectors give written directions because use or method is dangerous or regulations are not complied with, the addressee must comply unless they appeal to the Minister within 24 hours (s 15(1)-(2), (6)). Failure to comply with an inspector’s direction or a Minister’s order attracts up to 50 penalty units (s 15(9)). Inspectors may order immediate cessation (s 15(3)).

Rights and procedural protections

Right to appeal inspector directions. A person to whom directions are given may appeal to the Minister within 24 hours of the directions being given (s 15(6)). The Minister must hear and determine the appeal with all reasonable dispatch and, by written order, affirm, vary or rescind the direction; that order is final and conclusive (s 15(8)). The appellant must give notice of the appeal to the inspector (s 15(7)).
Preservation of common law and statutory remedies. Section 19 expressly states that nothing in the Act prejudices or affects any right a person would have had to recover damages or proceed in relation to injuries sustained in the course of the work or while performing particular safety‑sensitive roles (s 19). The Act therefore does not displace civil liability.
Powers of inspection and inquiry. Inspectors have a statutory power to enter any building, place or premises at all reasonable times to inspect or examine lifts, scaffolding, cranes, hoists, plant or gear and to make inquiries to determine compliance (s 13). That power is an instrument of enforcement but also a protected procedural channel enabling persons to learn the basis of inspection activities.

Delegated administrative rights

Determination of fees. The Minister may determine fees for activities specified in s 21(2), and determinations are disallowable instruments (s 21(1)-(3)). Persons dealing with the chief inspector’s office therefore have a statutory right to be charged only those fees properly determined under s 21 and subject to parliamentary disallowance processes.

The Act balances prescriptive duties with short, sharp procedural rights: quick notice requirements, tight appeal windows (24 hours), and Ministerial finality on appeals. The Act also places the technical detail and many operational duties into regulations and fee determinations.

The Act sets out a graded penalty structure and concentrates operational enforcement through inspectors and the Minister.

Penalty quantum and specified offences

Failure to give notice before starting building/excavation/compressed air work or setting up cranes/hoists/plant/scaffolding: maximum penalty 20 penalty units (s 6(1)).
Failure to give notice before erecting a lift: maximum penalty 10 penalty units (s 10).
Lessee failing to display “SMOKING IS PROHIBITED” notice in passenger lift: maximum 5 penalty units; person smoking where notice is displayed: 1 penalty unit (s 12A(1)-(2)).
Failure to give written notice of an accident as required by s 18(1): maximum 20 penalty units (s 18(1)). Interfering with the accident scene absent permission: 20 penalty units (s 18(2)).
Failure to comply with a direction or order given by an inspector or a Minister under s 15: maximum 50 penalty units (s 15(9)).
Regulations made under s 24 may prescribe offences with maximum penalties of not more than 10 penalty units (s 24(4)).

Penalty unit value at republication

The republication notes that at the republication date the value of a penalty unit for an offence against this law was $160 for an individual and $810 for a corporation, citing the Legislation Act 2001, s 133. That conversion yields concrete dollar penalties at the date of republication and should be checked for current values when advising clients.

Enforcement mechanisms

Entry and inspection. Inspectors may enter any building, place or premises at all reasonable times to inspect and make inquiries to ascertain compliance with the Act (s 13). That statutory entry power enables evidence gathering and immediate regulatory intervention.
Directions and cease orders. If an inspector considers use or method of work dangerous to life or limb or that regulations are not being complied with, the inspector may give written directions to owners, persons using equipment, contractors, or persons in charge, and may order immediate cessation of use or work where necessary (s 15(1), (3)). Those directions may specify measures to implement the order (s 15(5)).
Appeals process. The Act provides a compressed appeal process: appeals from inspector directions must be lodged within 24 hours and are heard by the Minister who must make a written, final order affirming, varying or rescinding the direction (s 15(6)-(8)). The tight time limit speeds resolution but concentrates finality in Ministerial hands.
Administrative fees and regulatory controls. The Minister’s power to determine fees (s 21) and the Executive’s power to make regulations prescribing registration of cranes, hoists and lifts, and related inspections and testing (s 24(2)(e), (2)(c)-(d)) create an administrative enforcement chain: non‑compliance with fee or registration requirements may trigger inspections or regulatory offences prescribed in the regulations (s 24(4)).

Procedural observations

Directions are written (s 15(1)), and appeals must be timely with notice to the inspector (s 15(6)-(7)). Orders given under s 15(3) are effective until the directions and any order on appeal have been complied with (s 15(4)).
The Act centralises immediate stop‑work power with inspectors and reserves final review to the Minister, providing a rapid incident response capability but also concentrating significant discretionary powers in administrative officers and the Minister.

For practitioners and compliance professionals the critical enforcement points are the notification duties, the preservation and reporting duties following accidents, the obligation to comply with written directions and the potential for swift, high exposure monetary penalties for non‑compliance.

The Act explicitly cross‑references and is designed to operate in conjunction with other statutory instruments and standards.

Legislation Act and administrative law framework

Appointments and instruments. The Act’s notes and provisions point to the Legislation Act for appointment processes and instrument handling: appointment of the chief inspector and inspectors is governed by the Legislation Act, pt 19.3 (notes to s 5 and s 5A). The Act identifies that a direction under s 6(1) is a notifiable instrument (s 6(2)) and that determinations under s 21 are disallowable instruments (s 21(3)). Those cross‑references mean that the administrative law machinery (notification, presentation to the Legislative Assembly, options for disallowance) under the Legislation Act applies to the Act’s subordinate instruments.
Penalty units. The republication preface states the penalty unit value at republication and cites the Legislation Act 2001, s 133 for the mechanism that sets penalty unit values. The monetary effect of penalty units therefore depends on the Legislation Act’s schedule or statutory updates.

Building Act and the meaning of “cost”

Section 6(5) adopts the Building Act 2004, section 84 for the definition of “cost” of building work referenced in the exemption thresholds (s 6(4)(d)-(e)). This linkage means that the calculation of monetary thresholds that create exemptions from the notification duty depends on the substantive rules in the Building Act.

Regulation and standards adoption

Section 24(3) authorises the regulations to adopt wholly or partially, by reference or specifically, standard rules, codes or specifications of Standards Australia, the British Standards Institution or other recognised authorities. That design means compliance with external technical codes can be made mandatory by regulation without repeating the technical text in the Act itself.
Section 24(2) also contemplates the regulations prescribing registration regimes for cranes, hoists and lifts (s 24(2)(e)), procedural requirements for permissions to erect or alter lifts, and qualifications for persons in safety‑critical roles (s 24(2)(b), (g)(ii)-(iii)). The primary Act therefore functions as the enabling statute for a substantive body of subordinate regulatory requirements.

Interaction with civil liability

Section 19 expressly preserves persons’ rights to recover damages or to take proceedings a person would have had absent the Act. The Act is not a code that displaces civil remedies for injury arising in the activities covered by the Act (s 19). Practically this means compliance with the Act’s duties will not preclude tort or contract claims.

Historic ordinances and amendments

The endnotes and amendment history record the Act’s origin in NSW legislation and its application and amendment history, including enactments such as the Scaffolding and Lifts Ordinances and later territory acts that modified terms. That historic overlay may mean older regulations, forms or customary practices require reconciliation with the Act’s current definitions and delegated powers (see endnotes 3-4).

In short, the Act is tightly integrated with the Legislation Act for administrative form and with the Building Act for cost thresholds; it delegates technical detail and registration to regulations that may adopt external standards by reference. Practitioners must therefore consult the relevant regulations, determinations and the Building Act when applying the Act.

The republished Act contains a compact amendment record in its endnotes that traces origin, Territory application and later amendments.

Origins and early amendments

The Act began life as the Scaffolding and Lifts Act 1912 (NSW) assented to 26 November 1912. It was applied, in modified form, as an ACT law by the Scaffolding and Lifts Act 1957 (now repealed). The endnotes state the Act was originally a NSW Act and applied to the ACT (Endnotes, Legislation history).
The Act has been the subject of multiple NSW amending Acts in the 1930s and 1940s (Factories and Shops (Amendment) Act 1936; Statute Law Revision Act 1937; Scaffolding and Lifts (Amendment) Acts 1942 and 1948) which are recorded in the legislation history (endnote 3).

Territory and Commonwealth ordinances

The legislation history records various Commonwealth ordinances and later Acts that amended the applied Ordinance when the ACT was administered federally (e.g. Scaffolding and Lifts Ordinances of 1974, 1976, 1977, 1978, 1981, 1983 and the Self‑Government consequential amendments of 1989) (endnote 3). Those entries chart the legislative lineage and modifications during the period when the ACT was subject to Commonwealth ordinances.

Post‑self‑government amendments and modernisation

After the transition to ACT enactment, the Act was amended periodically. Notable entries include the Statute Law Revision (Penalties) Acts (1994 and 1998) that updated penalty treatment, and a series of 2001 reforms (A2001‑11; A2001‑44) that effected substantive reorganisation and relocated definitions to the dictionary (see amendment history in endnote 4). The 2001 reforms inserted Pt 1A Administration, created the Chief Inspector office (ins A2001‑11 amdt 3.207), and relocated many definitions into the dictionary (A2001‑11 amdt 3.202, 3.256).
The Construction Occupations Legislation Amendment Act 2004 (A2004‑13) and related construction legislation changes altered how the Act interacts with construction licensing and oversight in the Territory (endnote 3).

Recent amendment

The republication records that the Statute Law Amendment Act 2021 (A2021‑12 sch 3 pt 3.53) was notified LR 9 June 2021 and that part commenced 23 June 2021 (endnote 3). That amendment appears in the timeline and corresponds to the republication effective date.

Insertions and omissions over time

The amendment history (endnote 4) lists numerous insertions and omissions across the Act’s history. Examples include insertion of s 12A (Smoking prohibited in lifts) under an earlier Ordinance (Ord1957‑8 sch pt 1 as amended Ord1978‑17 s 2) and later amendments removing or omitting older provisions dealing with authorised attendants and approved plans and specifications (see A2001‑11 amdt entries where many historical provisions were ommitted or relocated). The history indicates the Act has been pruned of obsolete operational detail and modernised to delegate detailed technical regulation to subordinate instruments.

Practical effect of amendment history

The Act’s present form is the result of long‑running legislative housekeeping, delegation of technical details to regulations, and reallocation of operational duties. The amendment history shows a pattern: early statutory technical detail was progressively moved into regulations or omitted, the office of chief inspector and inspectors were modernised in 2001, and penalty and administrative regimes were updated in later statute law revision bills. Users should consult the endnotes to trace when particular duties, offences or definitions were inserted, omitted or relocated (endnotes 3 and 4).

The Act’s amendment record is therefore a useful guide to understanding which obligations in the present text are primary statute and which kinds of requirements the Executive is expected to prescribe by regulation.

The republished Act and its endnotes do not record decisions of courts or tribunals applying the Act. The legislation text and the endnotes include detailed amendment and legislative history but do not cite or summarise any case law arising under the Act.

Implications for practitioners

Because the republished text contains no reported judicial decisions, the statutory provisions must be interpreted as written and in conjunction with any subordinate regulations and determinations. Where ambiguity arises, courts or tribunals may be asked to interpret the Act; however no such authorities are recorded in the republished law provided.
The absence of a litigation pedigree in the republished materials means compliance guidance must rely on the text, the regulations made under s 24 (if any), and the administrative practice of the chief inspector’s office. Practitioners should search contemporary case law databases and administrative determinations for any decisions applying the Act or its regulations, because the republished Act itself does not provide that history.

In summary, the republished Act does not supply litigation history. Any client advice that relies on judicial interpretation will need separate research beyond the republished instrument.

The Act contains several features and drafting choices that create practical compliance traps or administrative risks.

Short timeframes for notice and appeal

24‑hour pre‑work notice. Sections 6(1) and 10 require written notices to be posted or left at a Minister‑directed address at least 24 hours before starting work or erecting a lift. The Act allows a narrow emergency exception for damage from lightning, explosion, fire or rain (s 6(3)), but otherwise the statutory minimum lead time is short and procedural. Contractors who rely on verbal instructions, weekend start dates, or imperfect delivery channels risk falling foul of the penalty in s 6(1).
24‑hour appeal window. An appeal against inspector directions must be lodged within 24 hours (s 15(6)). The compressed time limit concentrates risk: failure to appeal in time leaves only compliance as a defence and leaves finality with the Minister.

Minister‑directed addresses and instrument form

Notices must be posted or left at an address the Minister may direct in writing (s 6(1); s 10). The Act makes the address itself a matter for ministerial direction and classifies such a direction as a notifiable instrument (s 6(2)). Practically this means senders must check the chief inspector’s published directions and cannot assume the chief inspector’s office accepts notices by email or facsimile unless so directed.

Exemptions with externally defined thresholds

Section 6(4) excludes certain scaffolding and small works from the notification duties. Paragraphs (d) and (e) exempt building work (other than single private dwelling work) if costs do not exceed $2,000 and exempt single private dwelling works up to $55,000 respectively. However “cost” is defined by the Building Act 2004, s 84 (s 6(5)), creating a cross‑statutory dependency. Failure to apply the Building Act’s method for calculating cost may lead to mistaken reliance on an exemption.

Accident scene preservation and rescue exception

Section 18(2) gives the chief inspector or an inspector exclusive permission to move or interfere with accident equipment, with a penalty for unauthorised interference. The rescue exception in s 18(3) is narrow: movement is allowed only where necessary to aid or relieve persons or prevent further injury to person or property. Moving equipment for preservation of evidence or to make a site safe in other circumstances should be done only with inspector permission or cautious reliance on the rescue exception.

Delegation of technical details to regulations and external standards

The Act deliberately leaves technical operational detail to regulations (s 24). Regulations may adopt Standards Australia, BSI or other codes by reference (s 24(3)). That delegation means compliance requires checking the current regulations and any referenced standards; the Act’s text alone does not contain the technical measures or qualification rules for roles such as riggers and scaffolders.

Concentration of stop‑work power

Inspectors may order immediate cessation of use or work where they consider a danger to life or limb (s 15(3)). Those orders remain in effect until the directions and any order on appeal are complied with (s 15(4)). The combination of immediate enforcement and a short appeal window concentrates operational and commercial risk: businesses may face sudden interruption with costly standdown and remedial obligations.

Fees and administrative costs

Section 21 gives the Minister a broad power to determine fees for a range of activities including permits, learner permits, design reviews and inspections (s 21(2)). Determinations are disallowable instruments (s 21(3)). The Act therefore allows the regulator to charge for routine compliance activities; affected parties should check existing determinations and budget for fees.

Continuing civil liability

Section 19 preserves rights to recover damages and does not make compliance with the Act a shield against liability. Compliance must be paired with insurance and sound risk management because civil exposure remains.

Definitions that broaden obligation

The Act’s dictionary defines “owner” to include mortgagee in possession, lessee, hirer or borrower (Dictionary, owner). This expansion means that persons who do not hold legal title but have control or possession can attract statutory duties and liabilities under the Act.

For compliance teams these “gotchas” translate into precise operational steps: check ministerial directions for the correct notice address, confirm the Building Act cost method for exemptions, maintain effective channels to provide notices and to receive inspector directions, and plan for rapid response to notices and stop‑work orders.

This section provides a practical compliance checklist that maps statutory duties in the Act to concrete actions and organisational controls. Each step ties to the relevant provision(s).

Identify responsible parties and equipment
- Establish who is the “owner” (including lessee/hirer/borrower) under the Act’s definition; document who is the person in charge on each site or for specific plant (Dictionary, owner).
- Catalogue cranes, hoists, lifts, plant and scaffolding on site and their status (new to ACT use or previously used in the ACT) to determine notice obligations (s 6(1)(b)).
Manage pre‑work notification obligations
- For any building, excavation or compressed air work that will use crane/hoist/plant/scaffolding, ensure a written notice is prepared and posted or left at the address the Minister directs at least 24 hours before starting (s 6(1)(a)). Confirm the current Minister‑directed address or procedure (s 6(1)-(2)).
- Where erecting a lift, serve the written notice to the chief inspector at least 24 hours before starting (s 10).
- Maintain proof of posting or delivery and timestamped copies of notices in a compliance folder; given the short statutory window, evidence of timely service is critical.
Check exemption criteria carefully
- If relying on the exemptions in s 6(4)(d)-(e) (small value works), apply the Building Act 2004 s 84 test for “cost” as adopted by s 6(5). Retain calculations and supporting invoices to justify reliance on an exemption.
Prepare for inspections and directions
- Maintain site documentation, drawings and records of plant condition so inspectors can be satisfied at inspection (s 13).
- Nominate a person in charge on each site who will receive and action written directions from inspectors (s 15(1)). Ensure that person understands the 24‑hour appeal window and the requirement to notify the inspector of any appeal (s 15(6)-(7)).
Incident and accident protocols
- Put in place an incident reporting procedure that requires immediate written notice to the chief inspector for accidents causing death, serious injury, structural damage to loadbearing members, or where a worker is disabled more than 48 hours (s 18(1)). For fatal accidents, ensure oral notification to the chief inspector as soon as possible (s 18(1)).
- Train staff that they must not move or interfere with equipment or parts involved in an accident unless they have inspector permission or the movement is necessary to rescue or prevent further injury (s 18(2)-(3)). Document decision‑making in rescue situations.
Lift safety and signage
- Where a building contains a passenger lift, ensure the lessee displays the required “SMOKING IS PROHIBITED” notice in a prominent position clearly visible and readily legible from inside the car (s 12A(1)). Keep a record of sign installation and condition checks.
- Include lift usage and signage checks in routine maintenance and compliance audits.
Registration, inspections and testing as per regulations
- Monitor regulations made under s 24 for any requirements to register cranes, hoists and lifts, and to lodge plans and particulars prior to erection or alteration (s 24(2)(b), (e)). If regulations require registration or permits, ensure timely application and payment of fees as determined under s 21.
- Keep records of any design reviews, inspections and testing commissioned or conducted as these are feeable items under s 21(2)(c)-(d).
Training, qualifications and duty allocation
- Check whether the regulations have prescribed qualifications and duties for drivers, riggers, doggers, scaffolders and crane chasers (s 24(2)(g)(ii)-(iii)). If so, verify personnel hold the qualifications and maintain records of training, licences or assessments.
Financial and administrative controls
- Anticipate fees determined by the Minister under s 21 for permits, inspections, testing, design reviews and notifications. Budget for these and maintain receipts and written fee determinations (s 21(1)-(3)).
- Ensure compliance with any disallowable instrument processes where the fee determination is presented to the Legislative Assembly (s 21(3)).
Liaison and recordkeeping
- Establish a liaison point with the chief inspector’s office for advice on notice form, address and procedural questions. Keep a register of notices served, inspector directions received, appeals lodged and Ministerial orders (s 6; s 15).
- Keep contemporaneous records for all communications and for remedial actions taken pursuant to inspector directions. Given the Act preserves damage claims (s 19), retain records of workplace incidents, inspections and maintenance for civil‑litigation defence and insurance.
Review and audit
- Conduct periodic compliance audits against the Act and current regulations, checking notification practices, signage, accident protocols and the condition of scaffolding, hoists, cranes and lifts as required by s 13 and s 24.
- Where regulations adopt external standards by reference, incorporate those standards into audit checklists and procurement/specification documents (s 24(3)).

By mapping statutory duties to operational processes, organisations can create an auditable compliance trail. The critical control points are (i) timely and provable notice delivery, (ii) immediate accident reporting and scene preservation, (iii) rapid response to inspector directions and (iv) observance of regulations and fee determinations that provide the technical and administrative detail the Act leaves to subordinate instruments.

Scaffolding and Lifts Act 1912

Plain English Summary

Deep Dive

What it does

Current sections

Scaffolding and Lifts Act 1912

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply