Common use of Work Health and Safety Clause in Contracts

Work Health and Safety. The Consultant must: ensure that in carrying out the Services and the Works: it complies with all Statutory Requirements and other requirements of the Contract in respect of work health and safety; and it complies with its duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; without limiting the Consultant's obligations under this Contract or otherwise at law or in equity, notify the Commonwealth's Representative: in respect of notifiable incidents within the meaning of the WHS Legislation, immediately (and in any event within 12 hours of such notifiable incident occurring); in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of all other work health and safety matters arising out of or in any way in connection with the Services and the delivery of the Works, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraphs (i) or (ii)), within 30 days of such incident occurring; for the purposes of paragraph (b), in respect of any notifiable incident: immediately provide the Commonwealth's Representative with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Commonwealth's Representative with a copy of an investigation report relating to the notifiable incident and any witness statements prepared as a result of the occurrence of the notifiable incident; promptly provide the Commonwealth's Representative with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the Commonwealth's Representative with a summary of the related investigations, actions to be taken, and any impact on the Contract that may result from the notifiable incident; if applicable, comply with all requirements of and maintain accreditation under the WHS Accreditation Scheme; institute systems to: obtain regular written assurances from each subconsultant about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Commonwealth Representative, the written assurances regarding the Consultant's ongoing compliance with the WHS Legislation: on a quarterly basis; and as otherwise directed by the Commonwealth Representative; provide the written assurances obtained under paragraph (e), to the Commonwealth Representative in accordance with paragraph (e); without limiting the Consultant 's obligations under this Contract or otherwise at law or in equity within 10 days of receipt provide to the Commonwealth Representative copies of: all formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Consultant or subconsultant (as the case may be) relating to work health and safety matters; all formal notices issued by a health and safety representative of the Consultant or subconsultant (as the case may be), under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Consultant or subconsultant (as the case may be) to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in any way in connection with the carrying out of the Services and the Works by the Consultant; exercise a duty of the utmost good faith to the Commonwealth in carrying out the Services to enable the Commonwealth to discharge the Commonwealth's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Consultant in this clause 5.9; ensure that, if any Statutory Requirement requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless, the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (j) are met; without limiting the Consultant 's obligations under this Contract (including paragraph (c) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth Representative or anyone else acting on behalf of the Commonwealth, provide all information or copies of documentation held by the Consultant or a subconsultant to the Commonwealth Representative or anyone else acting on behalf of the Commonwealth to enable the Commonwealth to comply with its obligations under the WHS Legislation; if requested by the Commonwealth Representative or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, prescribed qualifications or experience, or any other information relevant to work health and safety (as the case may be) to the satisfaction of the Commonwealth Representative before the Consultant or any subconsultant commences such work; and where the Consultant is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, promptly provide to the Commonwealth Representative information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in paragraph (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured. Resolution of Ambiguities If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Contract or between the Contract and any Project Documents: the following order of precedence will apply: Official Order; Contract Particulars; Fee Schedule; Terms of Engagement; Brief; Panel Agreement; Project DCAP; and other document forming part of the Contract (if any) specified in the Contract Particulars; where the ambiguity, discrepancy or inconsistency is between the Contract and any Project Documents, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, paragraph (a) will prevail; if it is discovered by the Consultant or the Commonwealth's Representative, then the party discovering it must promptly give notice to the other; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt within 14 days of the notice under paragraph (c).

Work Health and Safety. The Consultant must: ensure that in carrying out the Services and the Works: it complies with all Statutory Requirements and other requirements of the Contract in respect of work health and safety, including the applicable WHS Legislation; and it complies with its the duty under the WHS Legislation to consult, cooperate co-operate and coordinate co-ordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with the duty under the WHS Legislation to notify the relevant regulator immediately upon becoming aware that a notifiable incident (within the meaning of the WHS Legislation) has occurred arising out of its business or undertaking; and it complies with the duty under the WHS Legislation to, where a notifiable incident has occurred, to ensure, so far as is reasonably practicable, that the site where the notifiable incident has occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs, unless it is to: assist an injured person or remove a deceased person; make the area safe or to minimise the risk of a further notifiable incident; or the relevant regulator/inspector has given permission to disturb the site; carry out the Services and the Works to ensure the health and safety of persons is not put at risk; without limiting the Consultant's obligations under this Contract or otherwise at law or in equity, notify the Commonwealth's Representative: Representative in respect of of: notifiable incidents within the meaning of the WHS Legislation, immediately (and in any event within 12 hours of such notifiable incident occurring)immediately; in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of all other work health and safety matters arising out of or in any way in connection with the Services and the delivery of the WorksServices, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraphs (i) or (ii)), within 30 days of such incident occurring; for the purposes of paragraph paragraphs (biii) and (c), in respect of any notifiable incident: immediately provide the Commonwealth's Representative with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Commonwealth's Representative with a copy of an all witness statements and the investigation report relating to the notifiable incident and any witness statements prepared as a result of the occurrence of the notifiable incident; promptly provide the Commonwealth's Representative with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the Commonwealth's Representative with a summary of the related investigations, actions to be taken, and any impact on the Contract that may result from the notifiable incident; if applicable, comply with all requirements of and maintain accreditation under the WHS Accreditation Scheme; institute systems to: obtain regular written assurances from each subconsultant about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Commonwealth Commonwealth's Representative, the written assurances regarding the Consultant's ongoing compliance with the WHS Legislation: on a quarterly basis; and as otherwise directed by the Commonwealth Commonwealth's Representative; provide the written assurances obtained under paragraph (e), to the Commonwealth Commonwealth's Representative in accordance with paragraph (e); without limiting the Consultant Consultant's obligations under this Contract or otherwise at law or in equity within 10 days of receipt provide to the Commonwealth Commonwealth's Representative copies ofof all: all formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Consultant or subconsultant (as the case may be) relating to work health and safety matters; all formal notices issued by a health and safety representative of the Consultant or subconsultant (as the case may be), under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Consultant or subconsultant (as the case may be) to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in any way in connection with the carrying out of the Services and the Works by the Consultant; exercise a duty of the utmost good faith to the Commonwealth in carrying out the Services to enable the Commonwealth to discharge the Commonwealth's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Consultant in this clause 5.95.10; ensure that, if any Statutory Requirement requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance (or design) at a workplace unless, unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (j) are met; immediately notify the Commonwealth's Representative giving full particulars, so far as they are known to it, upon becoming aware of any intention on the part of a regulatory authority to cancel, revoke, suspend or amend an authorisation relating to work health and safety; without limiting the Consultant Consultant's obligations under this Contract (including paragraph (cd) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth Commonwealth's Representative or anyone else acting on behalf of the Commonwealth, provide all information or copies of documentation held by the Consultant or a subconsultant to the Commonwealth Commonwealth's Representative or anyone else acting on behalf of the Commonwealth to enable the Commonwealth to comply with its obligations under the WHS Legislation; if requested by the Commonwealth Commonwealth's Representative or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, prescribed qualifications or experience, or any other information relevant to work health and safety (as the case may be) to the satisfaction of the Commonwealth Commonwealth's Representative before the Consultant or any subconsultant commences such work; and where the Consultant is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, promptly provide to the Commonwealth Commonwealth's Representative information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in paragraph subparagraph (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured. Resolution of Ambiguities If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Contract or between the Contract and any Project Documents: subject to paragraphs (b) and (c) the following order of precedence will apply: Official Order; Contract Particulars; Fee Schedule; Terms of Engagement; Brief; Panel Agreement; Project DCAP; and other document forming part of the Contract (if any) specified in the Contract Particulars; where the ambiguity, discrepancy or inconsistency is between the Brief and any other requirement of the Contract (including any other requirement of the Brief), the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail; where the ambiguity, discrepancy or inconsistency is between the Contract and any Project DocumentsDocument, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, paragraph (a) will prevail; if it is discovered by the Consultant or the Commonwealth's Representative, then the party discovering it must promptly give notice to the otherother party; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above, within 14 days of the notice under paragraph (cd).

Work Health and Safety. The Consultant Subcontractor must: ensure that in carrying out the Services and the Works: Subcontractor's Activities it complies with with: all Statutory Requirements and other requirements of the Contract Subcontract in respect of work health and safety; and it complies with its duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; without limiting the ConsultantSubcontractor's obligations under this Contract the Subcontract or otherwise at law or in equity, notify the CommonwealthMCC Contract Administrator and the Contractor's Representative: in respect of notifiable incidents within the meaning of the WHS Legislation, immediately (and in any event within 12 hours of such notifiable incident occurring); in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of all other work health and safety matters arising out of or in any way in connection with the Services Subcontractor's Activities and the delivery of the Subcontract Works, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraphs subparagraph (i) or (ii)), within 30 days of such incident occurringin the reports under clause 2.6 (if clauses 2.5 and 2.6 apply); for the purposes of paragraph (b), in respect of any notifiable incident: immediately provide the CommonwealthMCC Contract Administrator and the Contractor's Representative with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the CommonwealthMCC Contract Administrator and the Contractor's Representative with a copy of an all witness statements and the investigation report relating to the notifiable incident and any witness statements prepared as a result of the occurrence of the notifiable incident; promptly provide the CommonwealthMCC Contract Administrator and the Contractor's Representative with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the CommonwealthMCC Contract Administrator and the Contractor's Representative with a summary of the related investigations, actions to be taken, and any impact on the Contract Subcontract that may result from the notifiable incident; if applicable, comply with all requirements of and maintain accreditation under the WHS Accreditation Scheme; carry out the Subcontractor's Activities safely and in a manner that does not put the health and safety of persons at risk; carry out the Subcontractor's Activities in a manner that protects property; comply with any direction issued by the MCC Contract Administrator or the Contractor's Representative to change its manner of working or to cease working if the MCC Contract Administrator or the Contractor's Representative reasonably considers there is a risk to the health and safety of people or damage to property arising from the Subcontractor's Activities; institute systems to: obtain regular written assurances from each subconsultant Other Contractor and subsubcontractor about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Commonwealth Contractor's Representative, the written assurances regarding the ConsultantSubcontractor's ongoing compliance with the WHS Legislation: on a monthly basis in the reports under clause 2.6 (if clauses 2.5 and 2.6 apply); on a quarterly basisbasis (when requested by the Contractor's Representative); and as otherwise directed by the Commonwealth Contractor's Representative; provide the written assurances obtained under paragraph (eh), to the Commonwealth Contractor's Representative in accordance with paragraph (eh); without limiting the Consultant Subcontractor's obligations under this Contract the Subcontract or otherwise at law or in equity equity, within 10 days of receipt provide to the Commonwealth Contractor's Representative copies of: all formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Consultant Subcontractor or subconsultant (as the case may be) subsubcontractor relating to work health and safety matters; all formal notices issued by a health and safety representative of the Consultant Subcontractor or subconsultant (as the case may be)subsubcontractor, under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Consultant Subcontractor or subconsultant (as the case may be) subsubcontractor to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in any way in connection with the carrying out of Subcontractor’s Activities or the Services and the Works by the ConsultantSubcontract Works; exercise a duty of the utmost good faith to the Contractor and the Commonwealth in carrying out the Services Subcontractor's Activities to enable the Contractor and the Commonwealth to discharge the Commonwealth's their duties under the WHS Legislation; ensure all subcontracts subsubcontracts include provisions equivalent to the obligations of the Consultant Subcontractor in this clause 5.98.9; ensure that, if any Statutory Requirement requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless, unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (jm) are met; without limiting the Consultant Subcontractor's obligations under this Contract the Subcontract (including paragraph (c) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth Representative Contractor's Representative, the MCC Contract Administrator or anyone else acting on behalf of the Contractor or the Commonwealth, provide all information or copies of documentation held by the Consultant Subcontractor or a subconsultant subsubcontractor to the Commonwealth Representative Contractor's Representative, the MCC Contract Administrator or anyone else acting on behalf of the Contractor or the Commonwealth to enable the Contractor and the Commonwealth to comply with its their respective obligations under the WHS Legislation; if requested by the Commonwealth Contractor's Representative or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, registrations, prescribed qualifications or experience, or any other information relevant to work health and safety (as the case may be) to the satisfaction of the Commonwealth Contractor's Representative before the Consultant Subcontractor or any subconsultant subsubcontractor commences such work; and where the Consultant Subcontractor is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, promptly provide to the Commonwealth Contractor's Representative as a condition precedent to Completion and before the expiry of the Defects Liability Period information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in paragraph subparagraph (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured. Resolution ; ensure that any design prepared by the Subcontractor under clause 5.1 eliminates or minimises the need for any hazardous manual tasks to be carried out in connection with a plant or structure; not use asbestos or ACM in carrying out the Subcontractor's Activities; not use, install or incorporate asbestos or ACM into the Subcontract Works; provide a certificate to the Contractor's Representative in a form satisfactory to the Contractor's Representative as a condition precedent to Completion which states that: all materials, goods, products, equipment and plant (including any imported materials, goods, products, equipment and plant) used, installed or incorporated into the Subcontract Works are entirely (meaning 100%) free of Ambiguities If there is asbestos and ACM; and the Subcontractor has otherwise complied with all Statutory Requirements in relation to asbestos and ACM in carrying out the Subcontractor's Activities and the Subcontract Works; without limiting paragraph (u), if any ambiguityimported materials, discrepancy goods, products, equipment and plant have or inconsistency has been used, installed or incorporated into the Subcontract Works, the Subcontractor must provide to the Contractor's Representative as a condition precedent to Completion: sample test reports; and test report information, in the documents form of an analysis certificate from a NATA accredited laboratory or an equivalent international laboratory (listed at the NATA website) accredited for the relevant test method, in relation to the imported materials, goods, products, equipment or plant which make up have or has been used, installed or incorporated into the Contract or between the Contract and any Project Documents: the following order of precedence will apply: Official Order; Contract Particulars; Fee Schedule; Terms of Engagement; Brief; Panel Agreement; Project DCAPSubcontract Works; and other document forming if the Subcontractor is a designer of a structure (or part of a structure) for the Contract (if any) specified in purposes of the Contract Particulars; where the ambiguity, discrepancy or inconsistency is between the Contract and any Project DocumentsWHS Legislation, the higher standard, quality or quantum will prevail but if this does not resolve Subcontractor must provide to the ambiguity, discrepancy or inconsistency, paragraph (a) will prevail; if it is discovered by the Consultant or the CommonwealthContractor's Representative, then with each submission of its design under clause 5.1, a written report that specifies the party discovering it must promptly give notice hazards relating to the otherdesign of the structure (or part) which, as far as the Contractor is reasonably aware: create a risk to health or safety to those carrying out construction work on the structure (or part); and are associated only with the Commonwealth's Representative must instruct the Consultant as to the course it must adopt within 14 days of the notice under paragraph (c)particular design.

Work Health and Safety. The Consultant must: ensure that in carrying out the Services and the Works: it complies with all Statutory Requirements and other requirements of the Contract in respect of work health and safety; and it complies with its duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; without limiting the Consultant's obligations under this Contract or otherwise at law or in equity, notify the Commonwealth's Representative: in respect of notifiable incidents within the meaning of the WHS Legislation, immediately (and in any event within 12 hours of such notifiable incident occurring); in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of all other work health and safety matters arising out of or in any way in connection with the Services and the delivery of the Works, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraphs (i) or (ii)), within 30 days of such incident occurring; for the purposes of paragraph (b), in respect of any notifiable incident: immediately provide the Commonwealth's Representative with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Commonwealth's Representative with a copy of an investigation report relating to the notifiable incident and any witness statements prepared as a result of the occurrence of the notifiable incident; promptly provide the Commonwealth's Representative with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the Commonwealth's Representative with a summary of the related investigations, actions to be taken, and any impact on the Contract that may result from the notifiable incident; if applicable, comply with all requirements of and maintain accreditation under the WHS Accreditation Scheme; institute systems to: obtain regular written assurances from each subconsultant about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Commonwealth Representative, the written assurances regarding the Consultant's ongoing compliance with the WHS Legislation: on a quarterly basis; and as otherwise directed by the Commonwealth Representative; provide the written assurances obtained under paragraph (e), to the Commonwealth Representative in accordance with paragraph (e); without limiting the Consultant 's obligations under this Contract or otherwise at law or in equity within 10 days of receipt provide to the Commonwealth Representative copies of: all formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Consultant or subconsultant (as the case may be) relating to work health and safety matters; all formal notices issued by a health and safety representative of the Consultant or subconsultant (as the case may be), under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Consultant or subconsultant (as the case may be) to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in any way in connection with the carrying out of the Services and the Works by the Consultant; exercise a duty of the utmost good faith to the Commonwealth in carrying out the Services to enable the Commonwealth to discharge the Commonwealth's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Consultant in this clause 5.95.10; ensure that, if any Statutory Requirement requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless, the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (j) are met; without limiting the Consultant 's obligations under this Contract (including paragraph (c) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth Representative or anyone else acting on behalf of the Commonwealth, provide all information or copies of documentation held by the Consultant or a subconsultant to the Commonwealth Representative or anyone else acting on behalf of the Commonwealth to enable the Commonwealth to comply with its obligations under the WHS Legislation; if requested by the Commonwealth Representative or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, prescribed qualifications or experience, or any other information relevant to work health and safety (as the case may be) to the satisfaction of the Commonwealth Representative before the Consultant or any subconsultant commences such work; and where the Consultant is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, promptly provide to the Commonwealth Representative information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in paragraph (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured. Resolution of Ambiguities If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Contract or between the Contract and any Project Documents: the following order of precedence will apply: Official Order; Contract Particulars; Fee Schedule; Terms of Engagement; Brief; Panel Agreement; Project DCAP; and other document forming part of the Contract (if any) specified in the Contract Particulars; where the ambiguity, discrepancy or inconsistency is between the Contract and any Project Documents, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, paragraph (a) will prevail; if it is discovered by the Consultant or the Commonwealth's Representative, then the party discovering it must promptly give notice to the other; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt within 14 days of the notice under paragraph (c).

Work Health and Safety. The Consultant Contractor must: ensure that in carrying out the Services and the WorksContractor's Activities: it complies with all Statutory Requirements and other requirements of the Contract in respect of work health and safety; and it complies with its duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with its duty under the WHS Legislation to notify the relevant regulator immediately upon becoming aware that a notifiable incident (within the meaning of the WHS Legislation) has occurred arising out of its business or undertaking; and it complies with its duty under the WHS Legislation to, where a notifiable incident has occurred, to ensure, so far as is reasonably practicable, that the site where the notifiable incident has occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs, unless it is to: assist an injured person or remove a deceased person; make the area safe or to minimise the risk of a further notifiable incident; or the relevant regulator/ inspector has given permission to disturb the site; without limiting the ConsultantContractor's obligations under this the Contract or otherwise at law or in equity, notify the Commonwealth's RepresentativePDS Contractor: in respect of notifiable incidents within the meaning of the WHS Legislation, immediately (and in any event within 12 hours of such notifiable incident occurring)immediately; in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of other all other work health and safety matters arising out of or in any way in connection with the Services Contractor's Activities and the delivery of the Works, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraphs subparagraph (i) or (ii)), within 30 days of such incident occurringif clauses 2.5 and 2.6 apply, in the reports under clause 2.6; for the purposes of paragraph paragraphs (b)a)(iii) and above, in respect of any notifiable incident: immediately provide the Commonwealth's Representative PDS Contractor with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Commonwealth's Representative PDS Contractor with a copy of an all witness statements and the investigation report relating to the notifiable incident and any witness statements prepared as a result of the occurrence of the notifiable incident; promptly provide the Commonwealth's Representative PDS Contractor with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the Commonwealth's Representative PDS Contractor with a summary of the related investigations, actions to be taken, taken and any impact on the Contract that may result from the notifiable incident; if applicable, comply with all requirements of and maintain accreditation under the WHS Accreditation Scheme; carry out the Contractor's Activities safely and in a manner that does not put the health and safety of persons at risk; carry out the Contractor's Activities in a manner that protects property; comply with any direction issued by the PDS Contractor to change its manner of working or to cease working if the PDS Contractor reasonably considers there is a risk to the health and safety of people or damage to property arising from the Contractor's Activities; institute systems to: obtain regular written assurances from each subconsultant Other Contractor and subcontractor about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Commonwealth RepresentativePDS Contractor, the written assurances regarding the ConsultantContractor's ongoing compliance with the WHS Legislation: if clauses 2.5 and 2.6 apply, on a monthly basis in the reports under clause 2.6; on a quarterly basisbasis (when requested by the PDS Contractor); and as otherwise directed by the Commonwealth RepresentativePDS Contractor; provide the written assurances obtained under paragraph (e), h) to the Commonwealth Representative PDS Contractor in accordance with paragraph (eh); without limiting the Consultant 's Contractor’s obligations under this the Contract or otherwise at law or in equity equity, within 10 days of receipt provide to the Commonwealth Representative PDS Contractor copies of: all formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Consultant Contractor or subconsultant (as the case may be) subcontractor relating to work health and safety matters; all formal notices issued by a health and safety representative of the Consultant Contractor or subconsultant (as the case may be)subcontractor, under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Consultant Contractor or subconsultant (as the case may be) subcontractor to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in any way in connection with the carrying out of Contractor's Activities or the Services and the Works by the ConsultantWorks; exercise a duty of the utmost good faith to the Commonwealth in carrying out the Services Contractor's Activities to enable the Commonwealth to discharge the Commonwealth's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Consultant Contractor in this clause 5.98.9; ensure that, if any Statutory Requirement requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless, unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (jm) are met; without limiting the Consultant Contractor's obligations under this the Contract (including paragraph (c) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth Representative PDS Contractor or anyone else acting on behalf of the Commonwealth, provide all information or copies of documentation held by the Consultant Contractor or a subconsultant subcontractor to the Commonwealth Representative PDS Contractor or anyone else acting on behalf of the Commonwealth to enable the Commonwealth to comply with its obligations under the WHS Legislation; if requested by the Commonwealth Representative PDS Contractor or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, registrations, prescribed qualifications or experience, or any other information relevant to work health and safety (as the case may be) to the satisfaction of the Commonwealth Representative PDS Contractor before the Consultant Contractor or any subconsultant subcontractor commences such work; and where the Consultant Contractor is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, promptly provide to the Commonwealth Representative PDS Contractor as a condition precedent to Completion and before the expiry of the Defects Liability Period information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in paragraph subparagraph (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured. Resolution of Ambiguities If there is ; ensure that any ambiguity, discrepancy or inconsistency in the documents which make up the Contract or between the Contract and any Project Documents: the following order of precedence will apply: Official Order; Contract Particulars; Fee Schedule; Terms of Engagement; Brief; Panel Agreement; Project DCAP; and other document forming part of the Contract (if any) specified in the Contract Particulars; where the ambiguity, discrepancy or inconsistency is between the Contract and any Project Documents, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, paragraph (a) will prevail; if it is discovered design prepared by the Consultant Contractor under clause 5.1 eliminates or minimises the Commonwealthneed for any hazardous manual tasks to be carried out in connection with a plant or structure; not use asbestos or ACM in carrying out the Contractor's RepresentativeActivities; not use, then install or incorporate asbestos or ACM into the party discovering it must promptly give notice Works; provide a certificate to the otherPDS Contractor in a form satisfactory to the PDS Contractor as a condition precedent to Completion which states that: all materials, goods, products, equipment and plant (including any imported materials, goods, products, equipment and plant) used, installed or incorporated into the Works are entirely (meaning 100%) free of asbestos and ACM; and the CommonwealthContractor has otherwise complied with all Statutory Requirements in relation to asbestos and ACM in carrying out the Contractor's Representative Activities and the Works; without limiting paragraph (u), if any imported materials, goods, products, equipment and plant have or has been used, installed or incorporated into the Works, the Contractor must instruct the Consultant as provide to the course it must adopt within 14 days PDS Contractor as a condition precedent to Completion: sample test reports; and test report information, in the form of an analysis certificate from a NATA accredited laboratory or an equivalent international laboratory (listed at the NATA website) accredited for the relevant test method, in relation to the imported materials, goods, products, equipment or plant which have or has been used, installed or incorporated into the Works; and if the Contractor is a designer of a structure (or part of a structure) for the purposes of the notice WHS Legislation, the Contractor must provide to the PDS Contractor, with each submission of its design under paragraph clause 5.1, a written report that specifies the hazards relating to the design of the structure (cor part) which, as far as the Contractor is reasonably aware: create a risk to health or safety to those carrying out construction work on the structure (or part); and are associated only with the particular design.

Work Health and Safety. The Consultant must: ensure that in carrying out the Services and the Works: it complies with all Statutory Requirements and other requirements of the Contract in respect of work health and safety; and it complies with its duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; without limiting the Consultant's obligations under this Contract or otherwise at law or in equity, notify the Commonwealth's Representative: in respect of notifiable incidents within the meaning of the WHS Legislation, immediately (and in any event within 12 hours of such notifiable incident occurring); in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of all other work health and safety matters arising out of or in any way in connection with the Services and the delivery of the Works, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraphs (i) or (ii)), within 30 days of such incident occurring; for the purposes of paragraph (b), in respect of any notifiable incident: immediately provide the Commonwealth's Representative with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Commonwealth's Representative with a copy of an investigation report relating to the notifiable incident and any witness statements prepared as a result of the occurrence of the notifiable incident; promptly provide the Commonwealth's Representative with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the Commonwealth's Representative with a summary of the related investigations, actions to be taken, and any impact on the Contract that may result from the notifiable incident; if applicable, comply with all requirements of and maintain accreditation under the WHS Accreditation Scheme; institute systems to: obtain regular written assurances from each subconsultant about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Commonwealth Representative, the written assurances regarding the Consultant's ongoing compliance with the WHS Legislation: on a quarterly basis; and as otherwise directed by the Commonwealth Representative; provide the written assurances obtained under paragraph (e), to the Commonwealth Representative in accordance with paragraph (e); without limiting the Consultant 's obligations under this Contract or otherwise at law or in equity within 10 days of receipt provide to the Commonwealth Representative copies of: all formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Consultant or subconsultant (as the case may be) relating to work health and safety matters; all formal notices issued by a health and safety representative of the Consultant or subconsultant (as the case may be), under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Consultant or subconsultant (as the case may be) to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in any way in connection with the carrying out of the Services and the Works by the Consultant; exercise a duty of the utmost good faith to the Commonwealth in carrying out the Services to enable the Commonwealth to discharge the Commonwealth's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Consultant in this clause 5.924.10; ensure that, if any Statutory Requirement requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless, the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (j) are met; without limiting the Consultant 's obligations under this Contract (including paragraph (c) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth Representative or anyone else acting on behalf of the Commonwealth, provide all information or copies of documentation held by the Consultant or a subconsultant to the Commonwealth Representative or anyone else acting on behalf of the Commonwealth to enable the Commonwealth to comply with its obligations under the WHS Legislation; if requested by the Commonwealth Representative or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, prescribed qualifications or experience, or any other information relevant to work health and safety (as the case may be) to the satisfaction of the Commonwealth Representative before the Consultant or any subconsultant commences such work; and where the Consultant is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, promptly provide to the Commonwealth Representative information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in paragraph (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured. Resolution of Ambiguities If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Contract or between the Contract and any Project Documents: the following order of precedence will apply: Official Order; Contract Particulars; Fee Schedule; Terms of Engagement; Brief; Panel Agreement; Project DCAP; and other document forming part of the Contract (if any) specified in the Contract Particulars; where the ambiguity, discrepancy or inconsistency is between the Contract and any Project Documents, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, paragraph (a) will prevail; if it is discovered by the Consultant or the Commonwealth's Representative, then the party discovering it must promptly give notice to the other; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt within 14 days of the notice under paragraph (c).

Work Health and Safety. The Consultant must: ensure that in carrying out the Services and the Works: Service it complies with with: all Statutory Requirements and other requirements of the Contract in respect of work health and safety; and it complies with its duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; without limiting the Consultant's obligations under this the Contract or otherwise at law or in equity, notify the CommonwealthPrincipal's Representative: in respect of notifiable incidents within the meaning of the WHS Legislation, immediately (and immediately(and in any event within 12 hours of such notifiable incident occurring); and in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of all other work health and safety matters arising out of or in any way in connection with the Services and the delivery of the WorksServices, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraphs (i) or and (ii)), within 30 days of such an incident occurring; for the purposes of paragraph (b), in respect of any notifiable incident: immediately provide the CommonwealthPrincipal's Representative with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the CommonwealthPrincipal's Representative with a copy of an the investigation report relating to the notifiable incident and any witness statements prepared as a result of the occurrence of the notifiable incident; promptly provide the CommonwealthPrincipal's Representative with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the CommonwealthPrincipal's Representative with a summary of the related investigations, actions to be taken, taken and any impact on the Contract that may result from the notifiable incident; if applicable, comply with all requirements of and maintain accreditation under the WHS Accreditation Scheme; institute systems to: obtain regular written assurances from each subconsultant its subconsultants about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Commonwealth Principal's Representative, the written assurances regarding the Consultant's ongoing compliance with the WHS Legislation: on a quarterly basis; and as otherwise directed by the Commonwealth Principal's Representative; provide the written assurances obtained under paragraph (e), to the Commonwealth Representative in accordance with paragraph (e); without limiting the Consultant Consultant's obligations under this the Contract or otherwise at law or in equity within 10 days of receipt provide to the Commonwealth Principal's Representative copies of: all formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Consultant or a subconsultant (as the case may be) relating to work health and safety matters; all formal notices issued by a health and safety representative of the Consultant or a subconsultant (as the case may be), ) under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Consultant or a subconsultant (as the case may be) to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in any way in connection with the carrying out of the Services and the Works by the ConsultantServices; exercise a duty of the utmost good faith to the Commonwealth in carrying out the Services to enable the Commonwealth to discharge the Commonwealth's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Consultant in this clause 5.9; ensure that, if any Statutory Requirement requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless, the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (j) are met13.7; without limiting the Consultant 's obligations under this Contract (including paragraph (c) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth Principal's Representative or anyone else acting on behalf of the CommonwealthPrincipal, provide all information or copies of documentation held by the Consultant or a subconsultant to the Commonwealth Principal's Representative or anyone else acting on behalf of the Commonwealth Principal to enable the Commonwealth Principal to comply with its obligations under the WHS Legislation; if requested by the Commonwealth Principal's Representative or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, prescribed qualifications or experience, or any other information relevant to work health and safety (as the case may be) to the satisfaction of the Commonwealth Principal's Representative before the Consultant or any subconsultant commences such work; and where in delivering the Consultant is a supplier, manufacturer, designer or importer for the purposes of Services ensure it complies with the WHS Legislation, promptly provide to Legislation regarding the Commonwealth Representative information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results management of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in paragraph (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety, and upon request provides details of the measures implemented to eliminate or minimise risks to work health and safety when used for the purpose for which they were designed or manufactured. Resolution of Ambiguities If there is any ambiguity, discrepancy or inconsistency in the documents which make up delivery of the Contract or between the Contract and any Project Documents: the following order of precedence will apply: Official Order; Contract Particulars; Fee Schedule; Terms of Engagement; Brief; Panel Agreement; Project DCAPServices; and other document forming part of the Contract (if any) specified in the Contract Particulars; where the ambiguity, discrepancy or inconsistency is between the Contract and any Project Documents, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, paragraph (a) will prevail; if it is discovered when requested by the Consultant or Principal's Representative provide a written report regarding its work health and safety compliance, which addresses any matter specified by the CommonwealthPrincipal's Representative, then the party discovering it must promptly give notice to the other; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt within 14 days of the notice under paragraph (c).