Statutory Requirements and Policies

24.1 Variance with the Contract

(a) The Managing Contractor shall comply with and satisfy all Statutory Requirements except those which the Principal's Representative directs are to be satisfied by or on behalf of the Principal. The Managing Contractor is not obliged to obtain planning approval for the Works.

(b) The Managing Contractor must obtain, maintain and comply with and ensure the Works comply with all Approvals necessary for the implementation of the Project, including all conditions of such Approvals.

(c) If a Statutory Requirement is at variance with a provision of the Contract, as soon as the Managing Contractor discovers the variance, the Managing Contractor shall notify the Principal's Representative in writing specifying the difference.

(d) Approvals issued to the Managing Contractor by any Authorities in respect of the work under the Contract shall be surrendered to the Principal prior to Practical Completion. Prior to Practical Completion the Managing Contractor shall deliver to the Principal all Approvals obtained by the Managing Contractor in respect of the Works. This shall

include all Approvals required from any Authority for the lawful occupation or use of the Work.

24.2 Changes in Statutory Requirements

If a change to a Statutory Requirement (other than change in the zoning of the Site, a Statutory Requirement to which paragraph (d) of that definition applies, and subject to paragraph 24.2(a)(v), other than a Tax):

(a) directly necessitates:

(i) a change to the Works; (ii) not used;

(iii) a change, being the provision or expansion of services of a municipal, public or statutory authority in connection with the Works;

(iv) an increase or decrease in a fee or charge or payment of a new fee or charge directly in relation to the Works; or

(v) an increase or decrease in GST;

(b) has effect after the 14th day prior to the date of submission of the GCS Offer; and (c) was not anticipated by the Managing Contractor, and could not reasonably have been

anticipated by a suitably qualified and experienced Relevant Managing Contractor at the time of submission of the GCS Offer if that suitably qualified and experienced Managing Contractor had:

(i) examined all information referred to in the Project Brief;

(ii) examined all information relevant to the risks, contingencies and other

circumstances having an effect on the work under the Contract and obtainable by the making of reasonable enquiries; and

(iii) inspected the Site and the Site's surroundings.

then to the extent that such change causes the Managing Contractor to incur more or less cost than otherwise would have been incurred, the difference shall be valued under clause 53.4 (as if the valuation were for a Variation) and the Design/Buildability Advisor Fee, ICT Management Fee, Preliminaries and Guaranteed Construction Sum shall be adjusted in accordance with the Contract.

24.3 Managing Contractor's declaration and indemnity

The Managing Contractor agrees that except insofar as it is expressly provided otherwise by the Contract:

(a) the Managing Contractor does not act as agent of the Principal in complying with any Statutory Requirement; and

(b) the Managing Contractor indemnifies the Principal on demand against any loss, liability or claim the Principal may become liable for, suffer or incur as a consequence of the

Managing Contractor failing to comply with any Statutory Requirement. 24.4 Documents evidencing approvals of Authorities

The Managing Contractor shall give the Principal copies of documents issued to the Managing Contractor by Authorities in respect of the work under the Contract and, in particular, any approvals of work.

24.5 Not used

24.5A OHS to be paramount consideration

(a) The Managing Contractor acknowledges that the health, safety and welfare of: (i) the Principal and Monash Health's employees;

(ii) all Managing Contractor's employees;

(iii) any other persons engaged or employed to complete the Works; (iv) the Hospital Users; and

(v) the general public,

affected by the Managing Contractor's activities and the Project is the paramount consideration in the undertaking and completion of the Project.

(b) The Managing Contractor warrants that it is familiar with and has the capability and resources to comply with the OHS Law applicable or relevant to the Managing Contractor's activities and the Works.

24.5B Occupational Health and Safety

The Principal may at any time require the Managing Contractor to provide evidence (at its cost) of the Managing Contractor's compliance with its obligations under this clause. A failure to provide such evidence, in a form satisfactory to the Principal (acting reasonably), is a Payment Deferral Event.

24.5C Appointment as Principal Contractor

(c) The Managing Contractor will accept appointment as the Principal Contractor in

connection with the work under the Contract at the Site for the purposes of the OHS Law and will comply with its obligations as Principal Contractor at its own cost and will execute all documents required to perfect such appointment. Failure to do so will be a Payment Deferral Event.

(d) The Principal authorises the Managing Contractor as Principal Contractor to manage, control and exercise such authority of the Principal to the extent necessary to discharge the duties imposed on the Managing Contractor as Principal Contractor under Subdivision 2 of Division 2 of Part 5.1 (Construction) of the Regulations.

(e) During any time that the Managing Contractor is the Principal Contractor, the Managing Contractor:

(i) accepts that it is the person solely with control and power over the manner in which the Works and the work under the Contract is performed;

(ii) must:

(A) complete all forms (if any) and attend to all Statutory Requirements (if any) to ensure it is appointed as the Principal Contractor;

(B) pay all fees and charges payable under the OHS Law in connection with the execution and performance of the Works;

(C) comply with its obligations as Principal Contractor; and

(D) discharge the Principal’s obligations under the OHS Law unless the Principal's Representative directs otherwise.

(f) At all times, whether or not the Managing Contractor is the Principal Contractor, the Managing Contractor must:

(i) comply with all Statutory Requirements relating to the safety of persons on or about the site and the carrying out of the work under the Contract, including the OHS Law;

(ii) ensure that all Subcontractors and all persons for whom it is responsible or over whom it is capable of exercising control while upon the Site comply with all obligations of the Managing Contractor and all obligations of the OHS Law; (iii) keep the Principal's Representative fully informed of all occupational health,

safety and rehabilitation matters arising out of, or in any way in connection with, the work under the Contract as soon as they occur;

(iv) do all things necessary to assist the Principal and refrain from doing anything that may impede the Principal in discharging its obligations under the OHS Law; (v) immediately comply with directions on safety issued by any relevant Authority or

by the Principal or the Principal's Representative; and

(vi) to the extent permitted by law, indemnify the Principal on demand against all loss, liability or claim the Principal may become liable for, suffer or incur relating to the failure by the Contractor to comply with its obligations.

24.5D Induction

(g) The Managing Contractor must prepare an induction process for the Site and submit it to the Principal's Representative for approval. The Managing Contractor has no Claim against the Principal or Principal's Representative arising out of the Principal's Representative's approval or rejection of the Managing Contractor's induction process. (h) The Managing Contractor must provide the induction process approved by the Principal's

Representative to any person accessing the Site.

(i) The Managing Contractor shall, before allowing any of its employees or Subcontractors to commence work on the Site, ensure that the employee or Subcontractor, and any of their employees, have undergone an induction process approved by the Principal's

Representative.

(j) Failure by employees or subcontractors of the Managing Contractor to attend induction in accordance with this clause may result in the removal of those persons from the Site by the Principal or the Principal's Representative, at the Managing Contractor's expense. (k) The cost of providing the induction process shall be borne by the Managing Contractor. 24.5E Breach of OHS Law

Where there is any breach by the Managing Contractor of OHS Law which:

(l) gives rise to circumstances which present actual or potential risk to life or serious injury; or

(m) is otherwise required to be notified under the OHS Law, then:

(n) the Principal will be entitled to suspend the whole or part of the Works until the breach of OHS Law is rectified to the satisfaction of the Principal's Representative (acting

(o) the Managing Contractor must bear any cost or delay it incurs, and will have no entitlement to make any Claim as a result of the suspension.

24.5F Managing Contractor and Subcontractor obligations

The Managing Contractor must and must ensure that all Subcontractors:

(p) comply with, and ensure that all other persons engaged in carrying out the Works comply with:

(i) OHS Law; and (ii) the OH&S Plan,

and upon request by or on behalf of the Principal, at their cost demonstrate compliance with such requirements including providing evidence of measures taken to achieve compliance;

(q) co-operate with each other and employees on the Site in order to maintain uniform safety practices on the Site;

(r) co-operate with the Principal to enable the Principal to comply with its obligations under the OHS Law applicable or relevant to the Works; and

(s) immediately advise the Principal in writing of any act, fact or circumstance associated with the activities of the Managing Contractor or any other person relevant to the ability of the Managing Contractor to carry out the Works in a manner that is safe and without risks to health.

24.5G Managing Contractor to give risk assessment

The Managing Contractor must and must ensure that all Subcontractors:

(t) before commencement of the Works, undertake an assessment of the risks associated with the Works, as applicable, and identify and implement appropriate measures to control all such risks; and

(u) provide details of the risk assessment and evidence of implementation of adequate risk control measures to the Principal on and in accordance with any reasonable request by or on behalf of the Principal.

24.5H Managing Contractor to give notice of accident, injury, damage to Principal The Managing Contractor must:

(v) promptly, and at a minimum, notify the Principal within 24 hours of any accident, incident of a kind described in section 37 of the OHS Law, incident which is notifiable under any OHS Law, injury, property or Environmental damage which:

(i) occurs during the performance of the Works; or (ii) is associated with the Works; and

(w) within 2 business days of any such incident, provide a written report to the Principal giving complete details of the incident, including the results of investigations into its cause and any recommendations or strategies for prevention of a recurrence.

24.5I Managing Contractor to provide information regarding goods

(x) The Managing Contractor must, where appropriate, supply adequate health and safety information concerning any goods it or any Subcontractors (or their respective agents or

subcontractors) may use in carrying out the Works and must ensure that any such goods will be safe when properly used or stored.

(y) The Managing Contractor must at all times keep the Principal informed of all relevant information which becomes known to the Managing Contractor or any Subcontractors (or their respective agents or subcontractors) concerning the use, supply and maintenance and/or storing of the goods described in clause 24.5I(a).

24.6 Compliance with government policy

(a) The Managing Contractor must ensure that in carrying out the work under the Contract, as the case may be, it complies with:

(i) the requirements of the provisions of: (A) all applicable Ministerial Directions; (B) the Victorian Code of Practice; and (C) all Approvals.

(b) The Managing Contractor must ensure that in the performance of the Subcontracts, the Subcontractors also comply with the requirements of clause 24.6(a).

24.7 Australian Government Building and Construction OHS Accreditation Scheme The Managing Contractor must:

(a) maintain accreditation under the scheme established by the Building and Construction Industry Improvement Act2005 (Cth) at all times during the course of the Contract; and (b) comply with all conditions of Scheme accreditation.

24.8 Project Plans

The Managing Contractor must perform its obligations and execute the work under the Contract at all times in accordance with the Project Plans, as updated in accordance with this Contract.