LASA Q Focus Magazine - Leading Age Services Australia ...

RETIREMENTLIVINGretirement village units (as wellas other areas of their villages).These obligations includeestablishing an asbestos register(for improvements constructedon or before 31 December 2003)and an asbestos managementplan (where asbestos or ACM isidentified or likely to be present).For retirement village units,asbestos registers and asbestosmanagement plans must be inplace by 1 January 2014. Thisdeferred commencement datemay also apply to other areas ofa retirement village, dependingon when they were constructed.In order to identify asbestosand ACM, physical inspectionsmay not be required in allcircumstances. The legislationallows operators to assume thatasbestos or ACM is present or toconclude (on reasonable grounds)that asbestos or ACM is notpresent.However, some operators mayincur significant expense inidentifying and labelling asbestosand ACM and establishingasbestos registers and asbestosmanagement plans. Subject tothe particular circumstances,there appears to be no reasonwhy this expense cannot bepassed on to residents as partof their maintenance reservefund contributions. If passingthese expenses on to residents,operators should ensure thatthis is reflected in their PublicInformation Documents,residence contracts and budgets.However, this does not mean thatall asbestos-related expenditureshould be characterised in thismanner – some expenditure, suchas the replacement of certainitems, may be more appropriatelyclassified as capital replacementfund expenditure.Apart from the obligationscontained in the workplace heath& safety legislation, operatorsshould also consider theirpotential liability in a broadercontext. Asbestos is a hazardoussubstance, particularly whendisturbed. It is in operators’best interests to minimise theirpotential liability by properlyidentifying and managing thepresence of asbestos throughouttheir villages, including withintheir units.Stuart LoweSenior AssociateMullins LawyersOurpeoplebecomeyour peopleLong-term success requires commitment, care andsupport as well as technical expertise. That’s whatwe bring - a legal team with industry knowledgethat steps outside their office and into your world.Our team is part of your team. Not a distant deskor a faceless name. Not watching the clock, butlistening. We’re with you every step of the way.Contact: Tim Longwill (pictured), Partner - Aged Care,+61 7 3233 8974 or tlongwill@mccullough.com.auwww.mccullough.com.auBrisbane | Sydney | Newcastle10LASA-Q Focus | Autumn edition 2013