Scaffolding and Lifts Act 1912

This Act is the Scaffolding and Lifts Act 1912.

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)).

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.

For this Act, each building in a pair of semidetached buildings shall be deemed to be a separate building.

Part 1A Administration

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).

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).

The chief inspector is also an inspector.

Part 2 Cranes, hoists, plant and scaffolding and building, excavation and compressed air work

Every person before starting—

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

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

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.

A direction under subsection (1) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

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.

The provisions of this section shall not apply to or in relation to—

any scaffolding that—

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

is so placed that a person or object falling from it could not fall a distance of more than 1.8m; or

the demolition of—

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

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

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

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

building work in relation to a single private dwelling house if the cost of the work does not exceed $55 000.

In this section:

cost, of building work—see the Building Act 2004, section 84.

Part 3 Lifts

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.

The lessee of a building containing a passenger lift shall ensure—

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

that the notice is clearly visible and readily legible from the inside of the car.

Maximum penalty: 5 penalty units.

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.

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.

Part 4 Inspection

Every inspector shall have power—

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

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.

If it appears to an inspector—

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

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.

The person must comply with the direction unless the person appeals against it in accordance with subsection (6).

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—

the owner of or any persons using the lift in relation to which the directions are given forthwith to cease using the lift; or

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

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.

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.

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.

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.

A person who appeals against the directions of an inspector under subsection (6) shall give notice of the appeal to the inspector.

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.

A person must not fail to comply with—

a direction or order given to the person by an inspector under this section; or

an order made by the Minister under this section.

Maximum penalty: 50 penalty units.

In this section:

the Minister includes a person authorised by the Minister to hear appeals under this section.

Part 5 Miscellaneous

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—

causes loss of life or serious personal injury; or

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

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.

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.

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.