The discussion of current arrangements above notes that there are some differences between the jurisdictions on the scope of matters covered by this duty. The scope of the duty is relevant to determining who will have management or control and therefore who will owe the duty of care. There are therefore some issues to be addressed for the purposes of the model Act.
As indicated by the title of this section of our report, and consistent with current OHS legislation, we consider that the duty holder would in broad terms be the person with management or control of the relevant physical environment.
