Where the Project involves construction work (as defined in the Occupational Health and Safety Regulations 2007 (Vic) (Regulations)) the owner of the land upon which the construction project (as defined in the Regulations) is to be delivered is the Principal Contractor (as defined in the Regulations) unless it engages another person to carry out that role (and have management or control of the workplace (as defined in the Regulations)). Accordingly, the State must engage a party as the Principal Contractor for the construction projects during the Development Phase and the Operational Phase at the Project Area (to have management or control of the workplace) to avoid being legally obliged to carry out that role itself.
There can only be one Principal Contractor per construction project and a Principal Contractor appointment will only be effective if the entity the State seeks to appoint is able to have sufficient management or control of a workplace, such that they are able to discharge the duties of a Principal Contractor.
The State will typically appoint the D&C Contractor as the Principal Contractor for the Development Phase Area for the Development Phase and the Services Contractor as Principal Contractor for any construction project carried out during the Operational Phase at the Operational Phase Area (other than for the rectification of Defects and the undertaking of any Works by the D&C Contractor during the Operational Phase, when the D&C Contractor or, if it is not the D&C Contractor, the party undertaking the work, will be engaged as the Principal Contractor in respect of those construction projects).
Where the D&C Contractor or the Services Contractor (as relevant) is the Principal Contractor, the appointment provisions must be included in the relevant Subcontractor Direct Deed.
Where a builder performs work on a workplace which is managed or controlled by the Services Contractor as Principal Contractor, it is subject to the reasonable direction of the Services Contractor regarding work health and safety matters (and vice versa). However, where a builder undertakes a specific and significant construction project on the Operational Phase Area, the State may separately appoint that builder as Principal Contractor for that construction work, relieving the Services Contractor from that role.