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, including the applicable WHS Legislation; it complies with the duty under the WHS Legislation to consult, co-operate and 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 in respect of: notifiable incidents within the meaning of the WHS Legislation, immediately; 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 all other work health and safety matters arising out of or in any way in connection with the Services, 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 paragraphs (iii) 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 all witness statements and the investigation report relating to 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; 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'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's Representative; provide the written assurances obtained under paragraph (e), to the Commonwealth's 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'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 subconsultant (as the case may be) relating to work health and safety matters; 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 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 5.10; 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 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's obligations under this Contract (including paragraph (d) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the 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'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'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'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'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 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. 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; 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 Document, 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 party; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above, within 14 days of the notice under paragraph (d).

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 the its duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate 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, immediatelyimmediately (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 ServicesServices 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 paragraphs paragraph (iii) and (cb), 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 all witness statements and the 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's 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's Commonwealth Representative; provide the written assurances obtained under paragraph (e), to the Commonwealth's Commonwealth Representative in accordance with paragraph (e); without limiting the ConsultantConsultant 's obligations under this Contract or otherwise at law or in equity within 10 days of receipt provide to the Commonwealth's Commonwealth Representative copies of allof: 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 5.105.9; 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 (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 ConsultantConsultant 's obligations under this Contract (including paragraph (dc) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth's 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's 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's 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's 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's 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 subparagraph 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. 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 DocumentDocuments, 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 partyother; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above, adopt within 14 days of the notice under paragraph (dc).

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, including the applicable WHS Legislation; it complies with the its duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with the 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 the 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/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 ConsultantContractor's obligations under this the Contract or otherwise at law or in equity, notify the Commonwealth's Representative PDS Contractor: in respect of: of notifiable incidents within the meaning of the WHS Legislation, 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 ServicesContractor's Activities and 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 paragraphs (iiia)(iii) and (c)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 all witness statements and the investigation report relating to 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's 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's RepresentativePDS Contractor; provide the written assurances obtained under paragraph (e), h) to the Commonwealth's 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's Representative PDS Contractor copies of allof: 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 5.108.9; 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 (or design) at a workplace unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (jm) 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 ConsultantContractor's obligations under this the Contract (including paragraph (dc) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth's 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's 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's 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's 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's 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 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. If there is ; ensure that any ambiguitydesign prepared by the Contractor 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 Contractor's Activities; not use, discrepancy install or inconsistency incorporate asbestos or ACM into the Works; provide a certificate to the PDS Contractor in a form satisfactory to the documents PDS Contractor as a condition precedent to Completion which make up the Contract or between the Contract states that: all materials, goods, products, equipment 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; 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 plant (including any other requirement imported materials, goods, products, equipment and plant) used, installed or incorporated into the Works are entirely (meaning 100%) free 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 asbestos and any Project Document, 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 partyACM; 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 adoptPDS Contractor as a condition precedent to Completion: sample test reports; and test report information, includingin 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, where applicablein relation to the imported materials, by applying goods, products, equipment or plant which have or has been used, installed or incorporated into the principles in paragraphs Works; and if the Contractor is a designer of a structure (aor part of a structure) to (c) above, within 14 days 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 (dor 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 WorksServices: it complies with all Statutory Requirements and other requirements of the Contract in respect of work health and safety, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Consultant must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate 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 the Contract or otherwise at law or in equity, notify the Commonwealth's Representative Contract Administrator in respect of: notifiable incidents within the meaning of the WHS Legislation, immediately; 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 all other work health and safety matters arising out of or in any way in connection with the Services, 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 occurringin the reports under clause 4.8; for the purposes of paragraphs (iiia)(iv) and (c)) above, in respect of any notifiable incident: immediately provide the Commonwealth's Representative Contract Administrator with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Commonwealth's Representative Contract Administrator with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Commonwealth's Representative Contract Administrator 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 Contract Administrator with a summary of the related investigations, actions to be taken, and any impact on the Contract that may result from the notifiable incident; institute systems to: obtain regular written assurances from each Other Contractor and subconsultant about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Commonwealth's RepresentativeContract Administrator, the written assurances regarding the Consultant's ongoing compliance with the WHS Legislation: on a monthly basis in the reports under clause 4.8; on a quarterly basisbasis (when requested by the Contract Administrator); and as otherwise directed by the Commonwealth's RepresentativeContract Administrator; provide the written assurances obtained under paragraph (e), ) to the Commonwealth's Representative Contract Administrator in accordance with paragraph (e); without limiting the Consultant's obligations under this the Contract or otherwise at law or in equity within 10 days of receipt provide to the Commonwealth's Representative Contract Administrator 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; 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 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 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 5.106.16; 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 the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (j) are met; immediately notify the Commonwealth's Representative Contract Administrator 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's obligations under this the Contract (including paragraph (d) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator prior to Completion (as defined in the Construction Contract) and before the expiry of the Defects Liability Period (as defined in the Construction Contract) 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 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. If there is ; ensure that the Design Documentation eliminates or minimises the need for any ambiguityhazardous manual tasks to be carried out in connection with a plant or structure; not use Asbestos or ACM in carrying out the Services; ensure that the Design Documentation does not provide for Asbestos or ACM to be used in or incorporated into the Works; with each submission of Design Documentation under clause 6.1, discrepancy or inconsistency in the documents which make up provide the Contract or between Administrator with a certificate in a form satisfactory to the Contract Administrator which states that: all materials, goods, products, equipment 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; 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 plant (including any other requirement imported materials, goods, products, equipment and plant) described in the Design Documentation to be used in (or incorporated into) the Works are entirely (meaning 100%) free 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 Asbestos and any Project Document, 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 partyACM; and the Commonwealth's Representative must instruct Consultant has otherwise complied with all Statutory Requirements in relation to Asbestos and ACM in carrying out the Services; without limiting paragraph (s), if any imported materials, goods, products, equipment and plant described in the Design Documentation are to be used in (or incorporated into) the Works, the Consultant as must provide to the course it must adoptContract Administrator with each submission of Design Documentation under clause 6.1: sample test reports; and test report information, includingin 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, where applicablein relation to the imported materials, by applying goods, products, equipment or plant to be used in (or incorporated into) the principles in paragraphs Works; and if the Consultant is a designer of a structure (aor part of a structure) to (c) above, within 14 days for the purposes of the notice WHS Legislation, the Consultant must provide to the Contract Administrator, with each submission of Design Documentation under paragraph clause 6.1, a written report that specifies the hazards relating to the design of the structure (dor part) which, as far as the Consultant 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 that particular design.

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, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate 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/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 ConsultantContractor's obligations under this the Contract or otherwise at law or in equity, notify the Commonwealth's Representative PDS Contractor: in respect of: of notifiable incidents within the meaning of the WHS Legislation, 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 ServicesContractor's Activities and 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 paragraphs (iiia)(iv) and (c)below, 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 all witness statements and the investigation report relating to 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, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint venture, ensure: the party holding the accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintains accreditation at all times whilst carrying out the Contractor's Activities; and complies with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Building and Construction Industry (Improving Productivity) Act 2016 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; 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; 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's 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's RepresentativePDS Contractor; provide the written assurances obtained under paragraph (e), h) to the Commonwealth's 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's Representative PDS Contractor copies of allof: 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 5.108.9; 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 (or design) at a workplace unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (jm) are met; immediately notify the Commonwealth's Representative PDS Contractor 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 ConsultantContractor's obligations under this the Contract (including paragraph (dc) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth's 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's 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's 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's 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's 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 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. If there is ; ensure that any ambiguitydesign prepared by the Contractor 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 Contractor's Activities; not use, discrepancy install or inconsistency incorporate Asbestos or ACM into the Works; provide a certificate to the PDS Contractor in a form satisfactory to the documents PDS Contractor as a condition precedent to Completion which make up the Contract or between the Contract states that: all materials, goods, products, equipment 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; 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 plant (including any other requirement imported materials, goods, products, equipment and plant) used, installed or incorporated into the Works are entirely (meaning 100%) free 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 Asbestos and any Project Document, 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 partyACM; 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 (v), 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 adoptPDS Contractor as a condition precedent to Completion: sample test reports; and test report information, includingin 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, where applicablein relation to the imported materials, by applying goods, products, equipment or plant which have or has been used, installed or incorporated into the principles in paragraphs Works; and if the Contractor is a designer of a structure (aor part of a structure) to (c) above, within 14 days 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 hazard relating to the design of the structure (dor 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 that particular design.

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, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate 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 ConsultantContractor's obligations under this the Contract or otherwise at law or in equity, notify the Commonwealth's Representative Contract Administrator in respect of: notifiable incidents within the meaning of the WHS Legislation, immediately; 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 all other work health and safety matters arising out of or in any way in connection with the ServicesContractor's Activities and 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 occurringin the reports under clause 2.6 (if clauses 2.5 and 2.6 apply); for the purposes of paragraphs (iiia)(iv) and (c)below, in respect of any notifiable incident: immediately provide the Commonwealth's Representative Contract Administrator with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Commonwealth's Representative Contract Administrator with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Commonwealth's Representative Contract Administrator 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 Contract Administrator 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, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint venture for the purposes of the WHS Accreditation Scheme, ensure: all parties holding accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintain accreditation at all times whilst carrying out the Contractor's Activities; and comply with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Federal Safety Commissioner Act 2022 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme, comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; 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 Contract Administrator to change its manner of working or to cease working if the Contract Administrator 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's RepresentativeContract Administrator, the written assurances regarding the ConsultantContractor'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 Contract Administrator); and as otherwise directed by the Commonwealth's RepresentativeContract Administrator; provide the written assurances obtained under paragraph (e), i) to the Commonwealth's Representative Contract Administrator in accordance with paragraph (ei); 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's Representative Contract Administrator 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; 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 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 5.108.9; 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 (or design) at a workplace unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (jn) are met; immediately notify the Commonwealth's Representative Contract Administrator 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 ConsultantContractor's obligations under this the Contract (including paragraph (dc) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator 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 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. If there is ; ensure that any ambiguitydesign prepared by the Contractor 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 Contractor's Activities; not use, discrepancy install or inconsistency in incorporate Asbestos or ACM into the documents which make up Works; provide a certificate to the Contract or between Administrator in a form satisfactory to the Contract Administrator as a condition precedent to Completion which states that: all materials, goods, products, equipment 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; 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 plant (including any other requirement imported materials, goods, products, equipment and plant) used, installed or incorporated into the Works are entirely (meaning 100%) free 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 Asbestos and any Project Document, 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 partyACM; 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 (w), 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 adoptContract Administrator as a condition precedent to Completion: sample test reports; and test report information, includingin 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, where applicablein relation to the imported materials, by applying goods, products, equipment or plant which have or has been used, installed or incorporated into the principles in paragraphs Works; and if the Contractor is a designer of a structure (aor part of a structure) to (c) above, within 14 days for the purposes of the notice WHS Legislation, the Contractor must provide to the Contract Administrator, 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 (dor 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 that 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, including the applicable WHS Legislation; and it complies with the its duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate 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, immediatelyimmediately (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 ServicesServices 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 paragraphs paragraph (iii) and (cb), 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 all witness statements and the 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's 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's Commonwealth Representative; provide the written assurances obtained under paragraph (e), to the Commonwealth's Commonwealth Representative in accordance with paragraph (e); without limiting the ConsultantConsultant 's obligations under this Contract or otherwise at law or in equity within 10 days of receipt provide to the Commonwealth's Commonwealth Representative copies of allof: 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 5.1024.10; 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 ConsultantConsultant 's obligations under this Contract (including paragraph (dc) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth's 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's 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's 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's 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's 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 subparagraph 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. 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 DocumentDocuments, 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 partyother; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above, adopt within 14 days of the notice under paragraph (dc).

Work Health and Safety. The Consultant Contractor must: ensure that in carrying out the Services and the WorksContractor's Activities, it so far as is reasonably practicable: it complies with all Statutory Requirements and other requirements of the Contract in respect of for work health and safety, including the applicable WHS Legislation; it complies with the duty under the WHS Legislation to consultconsults, co-operate cooperates and co-ordinate coordinate 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, ensure 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, as if the WHS Legislation applied to the Contractor; carry out the Services and the Works to ensure the comply with any local work health and safety of persons Statutory Requirements in delivering the Works and performing the Contractor's Activities, provided in the event there is not put at riska conflict between the standard prescribed by local work health and safety Statutory Requirements and any Australian Statutory Requirements concerning work health and safety, the Australian Statutory Requirements shall prevail; without limiting the ConsultantContractor's obligations under this Contract or otherwise at law or in equity, notify the Commonwealth's Representative Contract Administrator: in respect of: of notifiable incidents within the meaning of the WHS Legislation, immediatelyimmediately upon becoming aware of the notifiable incident; 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 ServicesContractor's Activities and 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 ) in a monthly report; carry out the Contractor's Activities safely and in a manner that does not put the health and safety of such incident occurringpersons at risk; for carry out the purposes of paragraphs (iii) and (c), Contractor's Activities in respect of a manner that protects property; comply with 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 all witness statements and the investigation report relating to the notifiable incident; promptly provide the Commonwealth's Representative with copies of any notice(s) or other documentation direction issued by the relevant Commonwealth, State Contract Administrator to change its manner of working or Territory regulator; and within 10 days of to cease working if the date of notification Contract Administrator reasonably considers there is a risk to the relevant Commonwealth, State health and safety of people or Territory regulator, provide damage to property arising from the CommonwealthContractor's Representative with a summary of the related investigations, actions to be taken, and any impact on Activities; if requested by the Contract that may result from the notifiable incident; Administrator, use its best endeavours to 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's RepresentativeContract Administrator, the written assurances regarding the ConsultantContractor's ongoing compliance with the WHS Legislation: on a quarterly basis; and as otherwise directed , if requested by the Commonwealth's RepresentativeContract Administrator; use its best endeavours to provide the written assurances obtained under paragraph (eg), to the Commonwealth's Representative Contract Administrator in accordance with this paragraph (e8.9(h); without limiting the Consultant's obligations under this Contract or otherwise at law or in equity within 10 days of receipt provide use its best endeavours to the Commonwealth'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 subconsultant (as the case may be) relating to work health and safety matters; 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 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 that all subcontracts include provisions equivalent to the obligations of the Consultant Contractor in this clause 5.108.9; ensure that, if any local Statutory Requirement 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)experience, 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 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's obligations under this Contract (including paragraph (d) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the 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'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's Representative or required by the WHS LegislationContract Administrator, 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's Representative Contract Administrator before the Consultant Contractor or any subconsultant subcontractor commences such work; ensure that any design prepared by the Contractor 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 and where provide upon request such information and documentation (including analysis, testing and calculations) regarding the Consultant design as required by the Contract Administrator; not use Asbestos or ACM in carrying out the Contractor's Activities; not use, install or incorporate Asbestos or ACM into the Works; upon request by the Contract Administrator, provide a certificate to the Contract Administrator in a form satisfactory to the Contract Administrator 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 Contractor has otherwise complied with any applicable Statutory Requirements in relation to Asbestos and ACM in carrying out the Contractor's Activities and the Works. The Contract Administrator may direct the Contractor to take specific measures that the Contract Administrator or the Principal considers reasonably necessary to deal with a circumstance/event which has or is a supplierlikely to have an adverse effect on the health or safety of persons connected with the provisions of the Contractor's Activities and the Contractor must comply with this direction, manufacturer, designer or importer for to the purposes extent reasonably practicable. In accordance with Regulation 293 of the WHS Legislation, promptly provide the Commonwealth engages and appoints (as relevant) the Contractor as the principal contractor for the construction project and the Contract and authorises the Contractor to have management or control of the Commonwealth's Representative information concerning: workplace for the purpose of discharging the duties imposed on a principal contractor for which any plantthe construction project and the Contract, structure or substance (as defined in pursuant to the WHS Legislation. The Contractor accepts the engagement and appointment (as relevant) has been designed or manufactured; as principal contractor and will fulfil the results obligations of any calculations, analysis, testing or examination carried out concerning principal contractor for the safety of the plant, substances or structures referred to in subparagraph (i) (construction project and the risks to Contract, unless relieved of that engagement or appointment (or appointment as relevant) by notice in writing given by the health and safety of persons); and any conditions necessary to ensure the plant, substances Commonwealth or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured. 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; 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 Document, 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 party; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above, within 14 days of the notice under paragraph (d)Administrator.

Work Health and Safety. (a) The Consultant Operator must: , in relation to the carrying out of the Operator Activities and in relation to its use of, access to, or activities regarding the Wharves and the Contract Ferries: (i) comply with all applicable Safety Laws and ensure that in carrying out all Staff do the Services and the Works: it same; (ii) ensure that any Engaged Party complies with all Statutory Requirements Safety Laws applicable to the Engaged Party; (iii) use its best endeavours to ensure that any actions or omissions by the Operator do not cause TfNSW or TfNSW's Associates and their directors, officers and workers, to be in breach of the Safety Laws and co-operate with TfNSW to ensure this; (iv) immediately inform TfNSW of any material issues regarding compliance with clause 5.4(a)(i) or safety generally (including any improvement notices, prohibition notices or notifications to a Safety Authority); (v) where an Incident occurs which is required to be notified by TfNSW to a Safety Authority under Safety Laws (and without limiting the Operator's obligations under this Contract or otherwise at Law), provide all assistance, including documentation and information, reasonably required by TfNSW to enable it to comply with the notification obligation; (vi) immediately supply TfNSW with copies of the following information: (A) any material communications with a Safety Authority including any improvement notices or prohibition notices received from, or notifications provided to, the Safety Authority; (B) any safety management system and any other plans or programs required to be provided to a Safety Authority under the Safety Laws; (C) where reasonably required by TfNSW, all audits undertaken by the Operator and other requirements of reports which relate to the Contract in respect Safety Laws or any Incidents; (D) where reasonably requested by TfNSW, all minutes of work health and safetysafety committees or other documents recording or relating to consultation over safety matters relating to the Staff; (E) all material information relating to any Investigation or Prosecution; and (F) any other information reasonably requested by TfNSW regarding compliance with this clause 5.4 or safety generally; (vii) to the extent necessary to comply with 5.4(a)(vi): (A) agree to the waiver of legal professional privilege over any document prepared by, including or on behalf of, the applicable WHS LegislationOperator. However, TfNSW and the Operator may agree that any document may, between TfNSW and the Operator, be subject to a common interest privilege; it complies with and (B) agree that both TfNSW and the duty under the WHS Legislation to consult, Operator will treat any such document as Operator Confidential Information; (viii) co-operate with TfNSW and co-ordinate activities TfNSW's Associates and their directors, officers and employees in relation to any Investigation or Prosecution; (ix) promptly: (A) comply with all other persons who have any direction by TfNSW to implement any recommendation of a work health and safety duty audit, assessment, or Investigation or Prosecution (whether or not the recommendation is required in order to comply with applicable Safety Laws); and (B) put in place measures to address any work health and safety matter notified to the Operator by a Safety Authority under Safety Laws, or arising out of any findings, orders or directions of any court or tribunal in respect of a work health and safety matter, including any Investigation or Prosecution; (x) ensure that all Staff are provided suitable and adequate information, training and instruction in accordance with the Safety Laws; and (xi) ensure that all Staff possess and comply with all appropriate Authorisations required to perform their job. (b) The Operator must also: (i) ensure that the Operator Activities are carried out without risk to health and safety of any person; (ii) ensure the health, safety and welfare of any person: (A) while the person is on the Relevant Infrastructure for whatever reason; (B) while the person is travelling on the Contract Ferries; and (C) while the person is carrying out any activities 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 carrying out of the WHS LegislationOperator Activities; (iii) has occurred arising out of its business or undertaking; and it complies with the duty under the WHS Legislation regularly report to, where a notifiable incident has occurredand meet with, representatives of TfNSW (as required by TfNSW and also with representatives of RMS to ensurethe extent required by TfNSW) concerning compliance with this clause 5.4 and otherwise, 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 directsconsult, 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 cooperate and the Works to ensure the health coordinate activities with each other 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 in respect of: notifiable incidents within the meaning of the WHS Legislation, immediately; 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 all other work health and safety matters arising out of or in any way in connection with the Services, 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 paragraphs (iii) and (c), in respect of any notifiable incident: immediately provide the Commonwealth's Representative with persons who have 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 all witness statements and the investigation report relating to 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; 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'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's Representative; provide the written assurances obtained under paragraph (e), to the Commonwealth's 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'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 subconsultant (as the case may be) relating to work health and safety matters; 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 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 common 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 ; (iv) allow TfNSW, or a third party appointed by TfNSW, to the obligations conduct audits from time to time of the Consultant in this clause 5.10; 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 Operator's compliance 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 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's its obligations under this Contract clause 5.4; and (including paragraph (dv) in respect if directed by TfNSW, conduct, or have a third party conduct, such audits of notifiable incidents) or otherwise at law or in equity, within 10 days its compliance with any of a request by the 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's Representative or anyone else acting on behalf of the Commonwealth to enable the Commonwealth to comply with its obligations under this clause and promptly report in writing to TfNSW on the WHS Legislation; if requested by the 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 outcome of the 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'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 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. 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; 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 Document, 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 party; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above, within 14 days of the notice under paragraph (d)audit.

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 Subcontract in respect of work health and safety, including the applicable WHS Legislation; it complies with the its duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with the 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 the 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; 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 Subcontract or otherwise at law or in equity, notify the Contractor's Representative and the Commonwealth's Representative Representative: in respect of: of notifiable incidents within the meaning of the WHS Legislation, 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, 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 paragraphs (iiia)(iii) and (c), in respect of any notifiable incident: immediately provide the Contractor's Representative and 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 Contractor's Representative and the Commonwealth's Representative with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Contractor's Representative and 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 Contractor's Representative and the Commonwealth'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; 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 CommonwealthContractor'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 CommonwealthContractor's Representative; provide the written assurances obtained under paragraph (e), to the CommonwealthContractor's Representative in accordance with paragraph (e); without limiting the ConsultantConsultant 's obligations under this Contract Subcontract or otherwise at law or in equity within 10 days of receipt provide to the Contractor's Representative and the Commonwealth's Representative copies of allof: 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 Contractor in carrying out the Services to enable the Commonwealth Contractor to discharge the CommonwealthContractor's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Consultant in this clause 5.10; 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 (ji) 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 ConsultantConsultant 's obligations under this Contract Subcontract (including paragraph (d) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the CommonwealthContractor's Representative or anyone else acting on behalf of the CommonwealthContractor, provide all information or copies of documentation held by the Consultant or a subconsultant to the CommonwealthContractor's Representative or anyone else acting on behalf of the Commonwealth Contractor to enable the Commonwealth Contractor to comply with its obligations under the WHS Legislation; if requested by the CommonwealthContractor'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 CommonwealthContractor'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 CommonwealthContractor'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 subparagraph 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. If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Contract Subcontract or between the Contract Subcontract 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; and other document forming part of the Contract (if any) specified in the Contract ParticularsSubcontract Particulars will apply; 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 Subcontract and any Project DocumentDocuments, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, paragraph (a) the Subcontract will prevail; if it is discovered by the Consultant or the Commonwealth's RepresentativeContractor, then the party discovering it must promptly give notice to the other party; and the CommonwealthContractor's Representative must instruct the Consultant as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above, adopt within 14 days of the notice under paragraph (dc).

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 the its duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate 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, immediatelyimmediately (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 ServicesServices 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 paragraphs paragraph (iii) and (cb), 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 all witness statements and the 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's 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's Commonwealth Representative; provide the written assurances obtained under paragraph (e), to the Commonwealth's Commonwealth Representative in accordance with paragraph (e); without limiting the ConsultantConsultant 's obligations under this Contract or otherwise at law or in equity within 10 days of receipt provide to the Commonwealth's Commonwealth Representative copies of allof: 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 5.10; 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 ConsultantConsultant 's obligations under this Contract (including paragraph (dc) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth's 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's 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's 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's 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's 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 subparagraph 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. 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 DocumentDocuments, 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 partyother; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above, adopt within 14 days of the notice under paragraph (dc).

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, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate 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/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 ConsultantContractor's obligations under this the Contract or otherwise at law or in equity, notify the Commonwealth's Representative PDS Contractor: in respect of: of notifiable incidents within the meaning of the WHS Legislation, 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 ServicesContractor's Activities and 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 paragraphs (iiia)(iv) and (c)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 all witness statements and the investigation report relating to 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, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint venture, ensure: the party holding the accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintains accreditation at all times whilst carrying out the Contractor's Activities; and complies with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Building and Construction Industry (Improving Productivity) Act 2016 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; 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; 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's 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's RepresentativePDS Contractor; provide the written assurances obtained under paragraph (e), h) to the Commonwealth's 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's Representative PDS Contractor copies of allof: 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 5.108.9; 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 (or design) at a workplace unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (jm) are met; immediately notify the Commonwealth's Representative PDS Contractor 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 ConsultantContractor's obligations under this the Contract (including paragraph (dc) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth's 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's 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's 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's 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's 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 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. If there is ; ensure that any ambiguitydesign prepared by the Contractor 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 Contractor's Activities; not use, discrepancy install or inconsistency incorporate Asbestos or ACM into the Works; provide a certificate to the PDS Contractor in a form satisfactory to the documents PDS Contractor as a condition precedent to Completion which make up the Contract or between the Contract states that: all materials, goods, products, equipment 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; 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 plant (including any other requirement imported materials, goods, products, equipment and plant) used, installed or incorporated into the Works are entirely (meaning 100%) free 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 Asbestos and any Project Document, 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 partyACM; 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 (v), 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 adoptPDS Contractor as a condition precedent to Completion: sample test reports; and test report information, includingin 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, where applicablein relation to the imported materials, by applying goods, products, equipment or plant which have or has been used, installed or incorporated into the principles in paragraphs Works; and if the Contractor is a designer of a structure (aor part of a structure) to (c) above, within 14 days 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 hazard relating to the design of the structure (dor 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 that particular design.

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 for work health and safety, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate 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 ConsultantContractor's obligations under this Contract or otherwise at law or in equity, notify the Commonwealth's Representative Contract Administrator: in respect of: of notifiable incidents within the meaning of the WHS Legislation, 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 ServicesContractor's Activities and the Works, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraphs (i) subparagraph A or (ii)B), within 30 days of such incident occurringin a monthly report; for the purposes of paragraphs (iii) a)(i)D and (c)ii) above, in respect of any notifiable incident: immediately provide the Commonwealth's Representative Contract Administrator with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Commonwealth's Representative Contract Administrator with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Commonwealth's Representative Contract Administrator 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 Contract Administrator 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, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint venture, ensure: the party holding the accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintains accreditation at all times whilst carrying out the Contractor's Activities; and complies with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Building and Construction Industry (Improving Productivity) Act 2016 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; 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; 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's RepresentativeContract Administrator, the written assurances regarding the ConsultantContractor's ongoing compliance with the WHS Legislation: on a quarterly basisbasis (when requested by the Contract Administrator); and as otherwise directed by the Commonwealth's RepresentativeContract Administrator; provide the written assurances obtained under paragraph (eviii), to the Commonwealth's Representative Contract Administrator in accordance with paragraph (eviii); without limiting the ConsultantContractor's obligations under this the Contract or otherwise at law or in equity equity, within 10 days of receipt provide to the Commonwealth's Representative Contract Administrator copies of allof: 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 Principal in carrying out the Services Contractor's Activities to enable the Commonwealth Principal to discharge the CommonwealthPrincipal's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Consultant Contractor in this clause 5.108.9; ensure that, if any Statutory Requirement 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 the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (jxiii) are met; immediately notify the Commonwealth's Representative Contract Administrator 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 ConsultantContractor's obligations under this the Contract (including paragraph (diii) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth's Representative Contract Administrator or anyone else acting on behalf of the CommonwealthPrincipal, provide all information or copies of documentation held by the Consultant Contractor or a subconsultant subcontractor to the Commonwealth's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator 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 subparagraph (i) A (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. If there is ; ensure that any ambiguitydesign prepared by the Contractor 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 Contractor's Activities; not use, discrepancy install or inconsistency incorporate Asbestos or ACM into the Works; provide a certificate to the Contract Administrator in a form satisfactory to the Contract Administrator 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 Contractor has otherwise complied with all Statutory Requirements in relation to Asbestos and ACM in carrying out the Contractor's Activities and the Works; without limiting paragraph (xxii), if any imported materials, goods, products, equipment and plant have or has been used, installed or incorporated into the Works, the Contractor must provide to the Contract Administrator 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 Works; and if the Contractor is a designer of a structure (or part of a structure) for the purposes of the WHS Legislation, the Contractor must provide to the Contract Administrator, with each submission of its design under clause 5.1, a written report that specifies the hazards relating to the design of the structure (or between 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 that particular design. In accordance with Regulation 293 of the Work Health and Safety Regulation 2011 (Cth) and any corresponding WHS law (as defined in the WHS Legislation) including Regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic), if the Contractor carries out relevant construction work, the Principal engages and appoints (as relevant) the Contractor as the principal contractor for the construction project and the Contract and any Project Documents: subject authorises the Contractor to paragraphs have management or control of the workplace for the purpose of discharging the duties imposed on a principal contractor for the construction project and the Contract, pursuant to the Work Health and Safety Act 2011 (bCth) and Work Health and Safety Regulations 2011 (cCth) and any corresponding WHS law. The Contractor accepts the following order engagement and appointment (as relevant) as principal contractor and will fulfil the obligations of precedence will apply: Official Order; Contract Particulars; Fee Schedule; Terms principal contractor for the construction project and the Contract, unless relieved of Engagement; Brief; Panel Agreement; and other document forming part of that engagement or appointment (or appointment as relevant) by notice in writing given by the Principal or the Contract (if any) specified Administrator. If the Contractor's Activities include any relevant construction work in Western Australia, the Contractor is the main contractor for the Contract Particulars; where in respect of relevant construction work performed in Western Australia under the ambiguity, discrepancy or inconsistency is between the Brief Occupational Safety and any other requirement of the Contract Health Act 1984 (including any other requirement of the Brief), the greater, higher or more stringent requirement, standard, level of service or scope (as applicableWA) will prevail; where the ambiguity, discrepancy or inconsistency is between the Contract and any Project Document, 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 party; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt, including, where applicable, by applying the principles in paragraphs Occupational Safety and Health Regulations 1996 (a) to (c) above, within 14 days of the notice under paragraph (dWA).

Work Health and Safety. The Consultant must: ensure that in carrying out the Services and the WorksServices: it complies with all Statutory Requirements and other requirements of the Contract in respect of work health and safety, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Consultant must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate 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/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 the Contract or otherwise at law or in equity, notify the Commonwealth's Representative Contract Administrator: in respect of: of notifiable incidents within the meaning of the WHS Legislation, 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, 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, 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 occurringin the reports under clause 4.8; for the purposes of paragraphs (iiia)(iv) and (c)above, in respect of any notifiable incident: immediately provide the Commonwealth's Representative Contract Administrator with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Commonwealth's Representative Contract Administrator with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Commonwealth's Representative Contract Administrator 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 Contract Administrator with a summary of the related investigations, actions to be taken, and any impact on the Contract that may result from the notifiable incident; institute systems to: obtain regular written assurances from each Other Contractor and subconsultant about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Commonwealth's RepresentativeContract Administrator, the written assurances regarding the Consultant's ongoing compliance with the WHS Legislation: ; on a monthly basis in the reports under clause 4.8; on a quarterly basisbasis (when requested by the Contract Administrator); and as otherwise directed by the Commonwealth's RepresentativeContract Administrator; provide the written assurances obtained under paragraph (e), ) to the Commonwealth's Representative Contract Administrator in accordance with paragraph (e); without limiting the Consultant's obligations under this the Contract or otherwise at law or in equity within 10 days of receipt provide to the Commonwealth's Representative Contract Administrator copies of allof: 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 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 5.106.16; 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 the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (j) are met; immediately notify the Commonwealth's Representative Contract Administrator 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's obligations under this the Contract (including paragraph (d) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator prior to Completion (as defined in the Construction Contract) and before the expiry of the Defects Liability Period (as defined in the Construction Contract) 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 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. If there is ensure that the Design Documentation eliminates or minimises the need for any ambiguityhazardous manual tasks to be carried out in connection with a plant or structure; not use Asbestos or ACM in carrying out the Services; ensure that the Design Documentation does not provide for Asbestos or ACM to be used in (or incorporated into the Works; with each submission of Design Documentation under clause 6.2, discrepancy or inconsistency in the documents which make up provide the Contract or between Administrator with a certificate in a form satisfactory to the Contract Administrator which states that: all materials, goods, products, equipment 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; 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 plant (including any other requirement imported materials, goods, products, equipment and plant) described in the Design Documentation to be used in (or incorporated into) the Works are entirely (meaning 100%) free 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 Asbestos and any Project Document, 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 partyACM; and the Commonwealth's Representative must instruct Consultant has otherwise complied with all Statutory Requirements in relation to Asbestos and ACM in carrying out the Services; without limiting paragraph (s), if any imported materials, goods, products, equipment and plant described in the Design Documentation are to be used in (or incorporated into) the Works, the Consultant as must provide to the course it must adoptContract Administrator with each submission of Design Documentation under clause 6.2: sample test reports; and test report information, includingin 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, where applicablein relation to the imported materials, by applying goods, products, equipment or plant to be used in or used in (or incorporated into) the principles in paragraphs Works; and if the Consultant is a designer of a structure (aor part of a structure) to (c) above, within 14 days for the purposes of the notice WHS Legislation, the Consultant must provide to the Contract Administrator, with each submission of Design Documentation under paragraph clause 6.2, a written report that specifies the hazards relating to the design of the structure (dor part) which, as far as the Consultant 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 that particular design.

Work Health and Safety. The Consultant In relation to this Contract the Contractor must: comply, ensure that in carrying out the Services and work conducted by or on its behalf comply, and ensure so far as is reasonably practicable that its Personnel comply, with the Works: it complies WHS Law and with all Statutory Requirements applicable Laws, standards and other policies and requirements of this Contract that relate to the Contract in respect of work health and safety, including the applicable WHS Legislation; it complies with the duty under the WHS Legislation to consult, co-operate and 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 Contractor, Personnel and third parties. The other provisions of its business or undertakingclause 5.7 do not limit this clause; and it complies with the duty under the WHS Legislation to, where a notifiable incident has occurred, to ensure, 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 other persons (including Customer Personnel) is not put at risk; without limiting consult, cooperate and coordinate with the Consultant's obligations under this Contract or otherwise at law or Customer in equity, notify relation to the Commonwealth's Representative in respect of: notifiable incidents within the meaning of the WHS Legislation, immediately; Contractor’s work health and safety incidents duties; promptly notify the Customer of any event or accidents (which are not notifiable incidents) where circumstance that has, or is likely to have, any adverse effect on the nature health or safety of persons to whom the Customer has a duty under WHS Law; inform the Customer of any adverse court or tribunal decision for a breach of WHS Law made against it during the term of this Contract and any remedial action it has taken, or proposes to take, as a result of the incident or accident indicates decision; if a potential systemic failure ‘notifiable incident’ (as defined by WHS Law) (Notifiable Incident) occurs: immediately report to identify hazards the Customer including all relevant details known to the Contractor; and manage as soon as possible investigate the Notifiable Incident to determine (as far as can reasonably be done) its cause and any adverse effects on this Contract including risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and take all other work reasonable steps to remedy any effects on health and safety matters arising out of and to ensure the event or in circumstances that led to the Notifiable Incident do not recur. comply, and ensure that its Personnel comply, with any way direction given by the Customer in connection with its work under this Contract, that the ServicesCustomer considers reasonably necessary to deal with an event or circumstance that has, or is likely to have, an adverse effect on the health or safety of persons (including a Notifiable Incident); promptly provide to the Customer, upon request, information documentation or evidence relevant to its obligations under this clause 5.7, or to assist the Customer and its Personnel to comply with their duties under WHS Law, including a written report on the occurrence of any other incident investigation and response to an event or accident circumstance notified under paragraphs (not required to be reported in accordance with subparagraphs (ixxvi) or (iixxviii); and co-operate fully with any investigation by any government agency (including the Commonwealth), within 30 days parliamentary inquiry, board of such incident occurring; for inquiry or coronial inquiry with respect to a Notifiable Incident. If the purposes of paragraphs (iii) and (c)Contractor uses a subcontractor in relation to this Contract, in respect of any notifiable incident: immediately provide it must ensure that 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 all witness statements and the investigation report relating to 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 subcontract imposes obligations on the Contract that may result from the notifiable incident; 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'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's Representative; provide the written assurances obtained under paragraph (e), to the Commonwealth's 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'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 subconsultant (as the case may be) relating to work health and safety matters; 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 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 subcontractor equivalent to the obligations of the Consultant in this clause 5.10; 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 under clauses 5.5 and 5.7(a). The Contractor acknowledges 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 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's it will meet its obligations under this Contract clause 5.7 solely at its own cost and expense, and without charge to or reimbursement from the Customer (including paragraph (d) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the 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'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'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'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'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 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. 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; 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 Document, 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 party; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above, within 14 days of the notice under paragraph (d).. Documentation

Work Health and Safety. The Consultant must: : (a) ensure that in carrying out the Services and the Works: : (i) 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 (ii) it complies with the its duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate 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 Legislationb) 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: (i) in respect of: of notifiable incidents within the meaning of the WHS Legislation, immediately; immediately (and in any event within 12 hours of such notifiable incident occurring); (ii) 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 and (iii) in respect of all other work health and safety matters arising out of or in any way in connection with the ServicesServices 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; ; (c) for the purposes of paragraphs paragraph (iii) and (cb), in respect of any notifiable incident: : (i) immediately provide the Commonwealth's Representative with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; ; (ii) promptly provide the Commonwealth's Representative with a copy of all witness statements and the an investigation report relating to the notifiable incident and any witness statements prepared as a result of the occurrence of the notifiable incident; ; (iii) 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 and (iv) 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; ; (d) if applicable, comply with all requirements of and maintain accreditation under the WHS Accreditation Scheme; (e) institute systems to: : (i) obtain regular written assurances from each subconsultant about their ongoing compliance with the WHS Legislation; and and (ii) provide, in a format specified by the Commonwealth's Commonwealth Representative, the written assurances regarding the Consultant's ongoing compliance with the WHS Legislation: : A. on a quarterly basis; and B. as otherwise directed by the Commonwealth's Commonwealth Representative; ; (f) provide the written assurances obtained under paragraph (e), to the Commonwealth's Commonwealth Representative in accordance with paragraph (e); ; (g) without limiting the ConsultantConsultant 's obligations under this Contract or otherwise at law or in equity within 10 days of receipt provide to the Commonwealth's Commonwealth Representative copies of all: of: (i) 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; ; (ii) 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 and (iii) 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, , (iv) arising out of or in any way in connection with the carrying out of the Services and the Works by the Consultant; ; (h) 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; ; (i) ensure all subcontracts include provisions equivalent to the obligations of the Consultant in this clause 5.10; 5.9; (j) ensure that, if any Statutory Requirement requires that: : (i) a person: : A. 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 or B. 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 or (ii) 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; ; (k) 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; ; (l) without limiting the ConsultantConsultant 's obligations under this Contract (including paragraph (dc) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth's 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's Commonwealth Representative or anyone else acting on behalf of the Commonwealth to enable the Commonwealth to comply with its obligations under the WHS Legislation; ; (m) if requested by the Commonwealth's 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's Commonwealth Representative before the Consultant or any subconsultant commences such work; and and (n) where the Consultant is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, promptly provide to the Commonwealth's Commonwealth Representative information concerning: : (i) the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; ; (ii) the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in subparagraph paragraph (i) (and the risks to the health and safety of persons); and and (iii) 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. 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; 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 Document, 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 party; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above, within 14 days of the notice under paragraph (d).

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; it complies with the duty under the WHS Legislation to consult, co-operate and 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 in respect of: notifiable incidents within the meaning of the WHS Legislation, immediately; 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 all other work health and safety matters arising out of or in any way in connection with the Services, 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 paragraphs (iiia)(iii) 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 all witness statements and the investigation report relating to 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; 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'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's Representative; provide the written assurances obtained under paragraph (e), to the Commonwealth's 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'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 subconsultant (as the case may be) relating to work health and safety matters; 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 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 5.105.9; 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 (or design) at a workplace 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's obligations under this Contract (including paragraph (d) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the 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'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'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'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'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 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. 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; 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 Document, 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 party; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above, within 14 days of the notice under paragraph (d).

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, including the applicable WHS Legislation; it complies with the and its duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate 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 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 Representative: in respect of: of notifiable incidents within the meaning of the WHS Legislation, immediatelyimmediately (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 ServicesSubcontractor's Activities and 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 paragraphs paragraph (iii) and (cb), 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 all witness statements and the investigation report relating to 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 CommonwealthContractor'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 CommonwealthContractor's Representative; provide the written assurances obtained under paragraph (eh), to the CommonwealthContractor's Representative in accordance with paragraph (eh); without limiting the ConsultantSubcontractor's obligations under this Contract the Subcontract or otherwise at law or in equity equity, within 10 days of receipt provide to the CommonwealthContractor's Representative copies of allof: 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 5.108.9; 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 (or design) at a workplace unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (jm) 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 ConsultantSubcontractor's obligations under this Contract the Subcontract (including paragraph (dc) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the CommonwealthContractor's Representative 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 CommonwealthContractor's Representative 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 CommonwealthContractor'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 CommonwealthContractor'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 CommonwealthContractor'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 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. If there is ; ensure that any ambiguitydesign 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, discrepancy install or inconsistency incorporate asbestos or ACM into the Subcontract Works; provide a certificate to the Contractor's Representative in a form satisfactory to the documents Contractor's Representative as a condition precedent to Completion which make up the Contract or between the Contract states that: all materials, goods, products, equipment 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; 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 plant (including any other requirement imported materials, goods, products, equipment and plant) used, installed or incorporated into the Subcontract Works are entirely (meaning 100%) free of 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 imported materials, goods, products, equipment and plant have or 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 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 Subcontract Works; and if the Subcontractor is a designer of a structure (or part of a structure) for the purposes of the Brief)WHS Legislation, the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail; where Subcontractor must provide to the ambiguity, discrepancy or inconsistency is between the Contract and any Project Document, 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 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 other partydesign 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, including, where applicable, by applying the principles in paragraphs (a) to (c) above, within 14 days of the notice under paragraph (d)particular design.

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, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate 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 ConsultantContractor's obligations under this the Contract or otherwise at law or in equity, notify the Commonwealth's Representative Contract Administrator in respect of: notifiable incidents within the meaning of the WHS Legislation, immediately; 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 all other work health and safety matters arising out of or in any way in connection with the ServicesContractor's Activities and 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 occurringin the reports under clause 2.6 (if clauses 2.5 and 2.6 apply); for the purposes of paragraphs (iiia)(iv) and (c)below, in respect of any notifiable incident: immediately provide the Commonwealth's Representative Contract Administrator with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Commonwealth's Representative Contract Administrator with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Commonwealth's Representative Contract Administrator 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 Contract Administrator 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, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint venture for the purposes of the WHS Accreditation Scheme, ensure: all parties holding accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintain accreditation at all times whilst carrying out the Contractor's Activities; and comply with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Building and Construction Industry (Improving Productivity) Act 2016 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme, comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; 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 Contract Administrator to change its manner of working or to cease working if the Contract Administrator 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's RepresentativeContract Administrator, the written assurances regarding the ConsultantContractor'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 Contract Administrator); and as otherwise directed by the Commonwealth's RepresentativeContract Administrator; provide the written assurances obtained under paragraph (e), i) to the Commonwealth's Representative Contract Administrator in accordance with paragraph (ei); 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's Representative Contract Administrator 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; 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 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 5.108.9; 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 (or design) at a workplace unless the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (jn) are met; immediately notify the Commonwealth's Representative Contract Administrator 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 ConsultantContractor's obligations under this the Contract (including paragraph (dc) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator 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 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. If there is ; ensure that any ambiguitydesign prepared by the Contractor 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 Contractor's Activities; not use, discrepancy install or inconsistency in incorporate Asbestos or ACM into the documents which make up Works; provide a certificate to the Contract or between Administrator in a form satisfactory to the Contract Administrator as a condition precedent to Completion which states that: all materials, goods, products, equipment 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; 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 plant (including any other requirement imported materials, goods, products, equipment and plant) used, installed or incorporated into the Works are entirely (meaning 100%) free 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 Asbestos and any Project Document, 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 partyACM; 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 (w), 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 adoptContract Administrator as a condition precedent to Completion: sample test reports; and test report information, includingin 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, where applicablein relation to the imported materials, by applying goods, products, equipment or plant which have or has been used, installed or incorporated into the principles in paragraphs Works; and if the Contractor is a designer of a structure (aor part of a structure) to (c) above, within 14 days for the purposes of the notice WHS Legislation, the Contractor must provide to the Contract Administrator, 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 (dor 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 that particular design.

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 for work health and safety, including the applicable WHS Legislation; where the applicable WHS Legislation does not prescribe a duty referred to in this Contract as one the Contractor must comply with, it complies with the duty contained in the Commonwealth WHS Legislation; it complies with the duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate 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 ConsultantContractor's obligations under this Contract or otherwise at law or in equity, notify the Commonwealth's Representative Contract Administrator: in respect of: of notifiable incidents within the meaning of the WHS Legislation, 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 ServicesContractor's Activities and the Works, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraphs (i) subparagraph A or (ii)B), within 30 days of such incident occurringin a monthly report; for the purposes of paragraphs (iii) a)(i)D and (c)ii) above, in respect of any notifiable incident: immediately provide the Commonwealth's Representative Contract Administrator with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Commonwealth's Representative Contract Administrator with a copy of all witness statements and the investigation report relating to the notifiable incident; promptly provide the Commonwealth's Representative Contract Administrator 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 Contract Administrator 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, maintain accreditation under the WHS Accreditation Scheme at all times whilst carrying out the Contractor's Activities and comply with all conditions of the WHS Accreditation Scheme; if applicable, where the Contractor is a joint venture, ensure: the party holding the accreditation in accordance with the WHS Accreditation Scheme at the Award Date: maintains accreditation at all times whilst carrying out the Contractor's Activities; and complies with all conditions of the WHS Accreditation Scheme; any parties carrying out the Contractor's Activities (where those activities include building work as defined in the Federal Safety Commissioner Act 2022 (Cth)) that do not hold accreditation in accordance with the WHS Accreditation Scheme comply with the written undertakings provided to the Federal Safety Commissioner and lodged as part of their tender; 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; 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's RepresentativeContract Administrator, the written assurances regarding the ConsultantContractor's ongoing compliance with the WHS Legislation: on a quarterly basisbasis (when requested by the Contract Administrator); and as otherwise directed by the Commonwealth's RepresentativeContract Administrator; provide the written assurances obtained under paragraph (eviii), to the Commonwealth's Representative Contract Administrator in accordance with paragraph (eviii); without limiting the ConsultantContractor's obligations under this the Contract or otherwise at law or in equity equity, within 10 days of receipt provide to the Commonwealth's Representative Contract Administrator copies of allof: 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 Principal in carrying out the Services Contractor's Activities to enable the Commonwealth Principal to discharge the CommonwealthPrincipal's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Consultant Contractor in this clause 5.108.9; ensure that, if any Statutory Requirement 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 the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (jxiii) are met; immediately notify the Commonwealth's Representative Contract Administrator 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 ConsultantContractor's obligations under this the Contract (including paragraph (diii) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth's Representative Contract Administrator or anyone else acting on behalf of the CommonwealthPrincipal, provide all information or copies of documentation held by the Consultant Contractor or a subconsultant subcontractor to the Commonwealth's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator 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's Representative Contract Administrator 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 subparagraph (i) A (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. If there is ; ensure that any ambiguitydesign prepared by the Contractor 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 Contractor's Activities; not use, discrepancy install or inconsistency incorporate Asbestos or ACM into the Works; provide a certificate to the Contract Administrator in a form satisfactory to the Contract Administrator 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 Contractor has otherwise complied with all Statutory Requirements in relation to Asbestos and ACM in carrying out the Contractor's Activities and the Works; without limiting paragraph (xxii), if any imported materials, goods, products, equipment and plant have or has been used, installed or incorporated into the Works, the Contractor must provide to the Contract Administrator 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 Works; and if the Contractor is a designer of a structure (or part of a structure) for the purposes of the WHS Legislation, the Contractor must provide to the Contract Administrator, with each submission of its design under clause 5.1, a written report that specifies the hazards relating to the design of the structure (or between 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 that particular design. In accordance with Regulation 293 of the Work Health and Safety Regulation 2011 (Cth) and any corresponding WHS law (as defined in the WHS Legislation) including Regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic), if the Contractor carries out relevant construction work, the Principal engages and appoints (as relevant) the Contractor as the principal contractor for the construction project and the Contract and any Project Documents: subject authorises the Contractor to paragraphs have management or control of the workplace for the purpose of discharging the duties imposed on a principal contractor for the construction project and the Contract, pursuant to the Work Health and Safety Act 2011 (bCth) and Work Health and Safety Regulations 2011 (cCth) and any corresponding WHS law. The Contractor accepts the following order engagement and appointment (as relevant) as principal contractor and will fulfil the obligations of precedence will apply: Official Order; Contract Particulars; Fee Schedule; Terms principal contractor for the construction project and the Contract, unless relieved of Engagement; Brief; Panel Agreement; and other document forming part of that engagement or appointment (as relevant) by notice in writing given by the Principal or 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 Document, 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 party; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above, within 14 days of the notice under paragraph (d)Administrator.

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, including the applicable WHS Legislation; it complies with the and its duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate 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 the Contract or otherwise at law or in equity, notify the CommonwealthPrincipal's Representative Representative: in respect of: of notifiable incidents within the meaning of the WHS Legislation, immediatelyimmediately(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, 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 paragraphs paragraph (iii) and (cb), 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 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 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 CommonwealthPrincipal'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 CommonwealthPrincipal's Representative; provide the written assurances obtained under paragraph (e), to the Commonwealth's Representative in accordance with paragraph (e); without limiting the Consultant's obligations under this the Contract or otherwise at law or in equity within 10 days of receipt provide to the CommonwealthPrincipal's Representative copies of allof: 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 5.10; 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 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 safety13.7; without limiting the ConsultantConsultant 's obligations under this Contract (including paragraph (dc) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the CommonwealthPrincipal'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 CommonwealthPrincipal'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 CommonwealthPrincipal'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 CommonwealthPrincipal'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'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 management of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in 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, 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. 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: subject to paragraphs (b) and (c) the following order of precedence will apply: Official Order; Contract Particulars; Fee Schedule; Terms of Engagement; Brief; Panel AgreementServices; 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 Document, 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 party; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above, within 14 days of the notice under paragraph (d).

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; it complies with the its duty under the WHS Legislation to consult, co-operate cooperate and co-ordinate coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; it complies with the 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 the 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; 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; 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, 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 paragraphs (iiia)(iii) 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 all witness statements and the investigation report relating to 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; 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'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's Representative; provide the written assurances obtained under paragraph (e), to the Commonwealth's Representative in accordance with paragraph (e); without limiting the ConsultantConsultant 's obligations under this Contract or otherwise at law or in equity within 10 days of receipt provide to the Commonwealth's Representative copies of allof: 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 5.105.9; 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 (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's obligations under this Contract (including paragraph (d) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the 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'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'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'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'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 subparagraph 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. 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 DocumentDocuments, 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 party; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above, adopt within 14 days of the notice under paragraph (dc).