A resident reports a cracked section of the pathway on common property.
A few months later, another resident raises the same concern. The issue is discussed during a committee meeting and added to a maintenance list. A contractor then notes that the area could become a trip hazard if it continues to deteriorate.
At this stage, the issue still feels like routine maintenance. However, if someone is later injured, the conversation can change very quickly.
The focus is no longer limited to the condition of the pathway itself. Instead, attention may turn to what was known about the hazard, what actions were considered, and how decisions were made along the way.
This is often how a routine maintenance issue becomes something much bigger.
Understanding how Work, Health, and Safety (WHS) issues can escalate, and the questions that may follow, can help committees take a more proactive approach to managing risks on common property.
Many common property incidents are not caused by a single overlooked issue.
Instead, they can stem from hazards that have been repeatedly identified but not yet permanently addressed.
Examples may include:
Particularly after rain or in areas where drainage problems continue to occur.
Poor visibility can contribute to trips, falls, and other safety concerns.
Multiple reports about a walkway, staircase, or access point may indicate an underlying issue remains unresolved.
Short-term measures can be useful, but they may deserve review if they become long-term arrangements.
A repeated concern does not automatically mean a committee has done something wrong. However, recurring reports can indicate that a risk deserves closer attention.
One complaint may be isolated. Several reports relating to the same hazard, location, or condition can provide valuable insight into whether a broader issue may exist.
Not every incident will attract the attention of a WHS regulator.
However, when a serious incident occurs or a significant safety concern has been reported, a regulator may seek to understand how the risk was managed.
At that point, the focus often shifts from the incident itself. The regulator may ask questions of the committee about what has been done.
For many committees, this can be a shift in perspective. The discussion is no longer only about the hazard. It is also about the process used to manage it.
Under WHS legislation, the actions and omissions of people acting on behalf of an organisation may, in certain circumstances, be attributed to that organisation. This reinforces the importance of a shared approach to safety, where everyone involved in managing common property contributes to identifying and addressing risks.
Safe Work Australia’s Codes of Practice provide practical guidance on managing specific hazards and risks. While Codes of Practice are not legislation, they may be used as evidence of what is known about a hazard and recognised ways of managing it.
Not every serious incident results in an inspector attending a property.
Depending on the circumstances, a regulator may:
The response will depend on the nature of the incident, the level of risk involved and the information available at the time.
When information is spread across emails, maintenance records, meeting minutes, and contractor reports, it can be difficult to build a clear picture of what occurred.
Community Health & Safety (CHS) customers can use the CHS reporting system to record hazards, incidents, and corrective actions in a central location.
A regulator is not the only party interested in what happened before an incident.
Insurers may also seek information that helps explain the circumstances surrounding an event.
In practice, they often try to build a timeline that closely resembles the one a regulator might review.
Maintenance records
These can help establish whether the issue has been identified previously.
Inspection reports
They may provide information about the area's condition before the incident occurred.
Contractor recommendations
These can help indicate whether concerns or opportunities for improvement have been raised.
Incident reports
They help explain what occurred and when.
Committee records
Meeting minutes and correspondence can provide context around decisions and planned actions.
Having documentation available does not determine the outcome of a claim. However, organised records can provide important context and help explain how a risk was being managed at the time.
A committee may make sensible decisions about a safety issue, but those decisions can be difficult to demonstrate later if they are not documented.
Log hazards, incidents, and corrective actions through the CHS reporting portal to help maintain a complete record of safety-related activities.
Under Australia’s WHS framework, regulators may seek to understand whether a hazard was known or reasonably foreseeable and what steps were taken to manage associated risks. This is one reason why records often become important after a serious incident.
Documents that may help explain how a risk was managed can include:
These may show when concerns were first raised and whether they continued over time.
These can help establish whether the issue has been identified and monitored.
These may provide information about identified risks and proposed actions.
Meeting minutes and correspondence can help explain how decisions were made and documented.
The objective is not to create paperwork for its own sake, but to maintain a clear record of the information considered, the decisions reached, and any actions taken.
Repeated complaints, recurring maintenance issues or near misses may indicate an underlying hazard. Consider whether further investigation, specialist advice, or corrective action is required.
Most common property hazards never become legal disputes.
However, legal issues can emerge when an incident has serious consequences or when parties disagree about how a risk was managed.
When this occurs, attention often turns to how the issue it was identified, assessed, and managed.
In a legal dispute, regulators, insurers, lawyers, or tribunals may ask questions such as:
Months or even years later, records may be one of the few reliable ways to answer those questions.
This is another reason why documentation becomes so important when an issue escalates.
Most hazards reported on common property can be managed before they become incidents, insurance claims, or compliance concerns.
The challenge is recognising when an issue has moved beyond routine maintenance and may need closer attention.
Some common warning signs include:
The same hazard keeps being reported
Repeated reports often indicate that the risk remains or that the original solution is no longer effective.
Temporary controls have been in place for a long time
Short-term measures can be helpful, but they may need to be reviewed if they become a long-term arrangement.
Contractors continue to raise concerns
Contractors often work across multiple sites and may identify risks that others may not immediately see.
Near misses are occurring
A near miss can provide an early warning that a more serious incident could occur if conditions remain unchanged.
There is no clear record of previous actions
If it's difficult to determine what has already been reported, discussed or completed, important information may be missed.
Committees are not expected to predict every risk, prevent every incident, or have all the answers.
What often makes the biggest difference is having a consistent approach to identifying hazards, recording decisions, and following through on agreed actions.
A practical process might include:
Many WHS issues can be addressed long before they become compliance concerns. Taking a structured approach can help committees make informed decisions, demonstrate due diligence, and support safer outcomes for residents, visitors, contractors, and workers on common property.
The most effective time to address a WHS issue is usually before it becomes an insurance, compliance, or legal matter.
A serious incident rarely begins as a serious incident.
More often, it is the result of a series of maintenance issues, warning signs, discussions, and decisions that unfold over time.
Recognising escalating risks early, maintaining clear records and taking a consistent approach to hazard management can help committees address issues before they become larger compliance, insurance or legal concerns.
When questions are eventually asked, the focus is often not just on what happened, but also on everything that happened beforehand.
Each state may have specific legislation and regulations concerning health and safety duties in owner corporations and body corporates. To help navigate these regulations, Safe Work Australia, a national policy body, offers a range of resources and tools to help committees manage hazards and risks. For the latest general WHS updates, guidance, and recommendations, please visit the official Safe Work website at safeworkaustralia.gov.au.
Community Health & Safety customers can access practical resources, reporting tools and guidance to help identify hazards, manage risks and keep track of safety concerns on common property. These tools can support committees in maintaining records, monitoring actions and taking a more proactive approach to risk management.
Whether you would like to report a current hazard or flag a near-miss incident, please use this report form to help manage health and safety risks on your common property.
Get an updated committee report of hazards, incidents, and work orders to help track and manage risks on common property.
Contact your strata, body corporate, or owners corporation manager for an up-to-date copy today.
Get an annual site inspection walkthrough of your common property to help spot new hazards and risks that arise over time. Contact your strata, body corporate, or owners corporation manager to organise an annual safety report for your property at a fee.
This guide is created by PICA Services Pty Ltd ABN 70 651 941 114 (PICA Group). Community Health & Safety is a part of the PICA Group. Usage of Community Health & Safety services may be subject to charges. We advise you to fully understand the terms of service or agency agreement and any potential fees associated before utilising this service. While PICA Group has taken every reasonable care in compiling the information in this flyer, we do not guarantee the accuracy or completeness of the information provided. Links to third-party websites are provided for convenience only. PICA Group does not endorse or accept any responsibility for these websites’ content, use, or availability. PICA Group accepts no liability for any loss or damage caused by the use of or reliance on the information contained in this flyer or any links or third-party websites.
This guide has been adapted and derived from Safe Work Australia materials in August 2026 under Creative Commons Attribution 4.0 International Licence (CC BY 4.0), as listed below. To view a copy of this license, visit creativecommons.org/licenses/by/4.0/. (SafeWork Australia). © Commonwealth of Australia.
