September 2025 WATERLINE | 13 LEGAL LINES IMPROVING CONTRACTOR MANAGEMENT AND ACCESS CONTROL Establishing efficient contractor management and access control procedures are important when considering the overall safety, security and legal consequences to your marina. CONCERNS AROUND CONTROLLING ACCESS Authorising and supervising access to contractors and sub-contractors is a common occurrence in and around your marina. Following recent work health and safety (WHS) related incidents, contractor management and access control is a developing challenge that is becoming increasingly difficult, with companies failing to meet regulated standards of safety due to a poor understanding of their obligations and poorly implemented practices. Accordingly, by ensuring your current policies and procedures meet standard WHS laws your marina is more likely to overcome these challenges. WHAT ARE YOUR LEGAL OBLIGATIONS AND WHEN DO THEY APPLY? WHS laws establish a general duty for any ‘person conducting a business or undertaking’ (PBCU) to ensure the safety of workers and other persons such as tenants, customers, and visitors. As a PCBU, your marina is responsible for managing the overall WHS policies, training and compliance across your facilities. Separately, your marina may also be considered to be a ‘Principal Contractor’. Principal Contractors have an added responsibility to manage WHS protocols on the specific construction works or development of major project sites such as berth upgrades and fuel facility installations. Notably, there may be times your marina can act concurrently as both a PCBU and Principal Contractor, particularly when operating the marina business while overseeing construction, works or refurbishment projects. Both roles have a non-delegable duty of care and commonly apply in situations where you are overseeing contractor management and supervised access in your premises. This has become a significant point of focus for regulatory bodies in the WHS industry. In July 2025, federal WHS regulator, Comcare, announced that contractor management would be a regulatory priority for the 2025–2026 year. In support, other WHS authorities have also warned that with poor contractor management becoming a complex and persistent challenge, PCBU’s and Principal Contractors are at a greater risk of liability. CASE STUDY AND KEY TAKEAWAY A recent example from a 2023 Queensland Supreme Court decision found a Principal Contractor liable for injuries sustained by a subcontractor’s employee, after the contractor failed to provide a safe means of access. Despite having safety systems and permits in place, the Court found that the employer still had ‘reasonably practicable’ means to maintain a safe work environment and was ultimately held liable to pay approximately $224,000 in damages. Considering an increase in related cases, taking time to understand your legal obligations as a PCBU and (in circumstances where you are) a Principal Contractor under WHS laws should be a priority for best practice moving forward. With key WHS authorities working to developing stronger unified practices, having consistent policies, training and procedures in place to help manage contractors across your facilities will ensure you remain compliant. "Understanding your legal obligations as a PCBU and Principal Contractor under WHS laws should be a priority" HOW YOU CAN REMAIN COMPLIANT • Review current berth lease agreements and contracts in relation to access control (e.g. access hours and liability waivers). • Develop marina access policies that are aligned with state laws and reflect duty-of-care expectations (i.e. contractor management policy). • Educate and train marina staff on WHS duties, contractor management and access liability. • Seek legal assistance to review and draft contractor access agreements in accordance with WHS laws. GIVE US A CALL Our office can assist your marina by reviewing your current commercial agreements (such as berthing leases, contractor agreements, or licenses) and developing policies in accordance with WHS laws. If you have any queries in the meantime, or need assistance in reviewing any requirements under your commercial agreements, please do not hesitate to contact: Tim Smith (07) 3231 0628 tsmith@mcw.com.au
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