Regulations

Select Your State:

Australian Capital Territory

Building Regulation:Emergencies Act 2004

Defined Term:Active Fire Safety Systems and/or Essential Services

Annual Compliance Certificate:N/A

  In the Australian Capital Territory, under the Australian Standards and work Health and Safety Regulations, it is the responsibility of the Owner to ensure the Active Fire Safety Systems are maintained as required.

  Many national or NSW based companies with properties in the ACT require auditing over and above the current legislative requirements as part of their own risk mitigation and compliance management practices. In these cases, Annual Fire Safety Statements (AFSS) format from NSW are often requested to be used as the basis of an annual audit process.


New South Wales

Act:Environmental Planning and Assessment Act 1979

Building Regulation:Environmental Planning and Assessment Regulations 2000

Defined Term:Essential Fire Safety Measures

Annual Compliance Certificate:Annual Fire Safety Statement (AFSS)

In New South Wales it is a requirement for the AFSS to be submitted annually to the local Council and the NSW Fire Brigade by a building owner or owner's representative as proof the Essential Fire Safety Measures within a building have been maintained to Australian Standards and Regulations over the past 12 months as installed.

The AFSS must certify that the Essential Fire Safety Measures have been inspected and assessed by an Accredited Practitioner of Fire Safety (APFS).

   

Northern Territory

Building Act:Fire and Emergency Act

Building Regulation:Fire and Emergency Regulations

Defined Term:Building Fire Safety Measures / Safety Installations

Annual Compliance Certificate:N/A

  In the Northern Territory there is no current requirement for the submission of an Annual Essential Service Statement however Maintenance of the Safety Installations is the responsibility of the building owner. The NT variation of Section I of the National Construction Code outlines the maintenance standard that has been adopted for each of the Safety Installations. Work Health and Safety Regulations still apply.

An Annual Compliance Report can be issued on a yearly basis to ensure the Essential Safety and Health Features/Measures are being maintained to Australian Standards and Regulations.

 

Queensland

Building Act:Fire Services 1990

Building Regulation:Building Fire Safety Regulations 2008 / Queensland Development Code Part MP6.1

Defined Term:Fire Safety Installations

Annual Compliance Certificate:Occupier's Statement

  In Queensland it is a requirement for the Occupier's Statement to be submitted annually to the Fire Services Commissioner as proof the Fire Safety Installations within a building have been maintained to Australian Standards and Regulations over the past 12 months.


South Australia

Building Act:Development Act 2004 

Building Regulation:Development Regulations 1993 and Ministers Specifications South Australia 76

Defined Term:Essential Safety Provisions

Annual Compliance Certificate:Schedule 16, Form 3

In South Australia it is a requirement for an annual Certificate of Compliance (Schedule 16 Form 3) to be submitted annually to the local building authority under Regulation 76 (5) & (6) as proof that the Essential Safety Provisions within a building have been maintained to Australian Standards and Regulations over the past 12 months.  


Tasmania

Building Act:Building Act 2000 / The (Tasmanian) Building Act 2016

Building Regulation:Building Regulation 2004 (amended 2013) / Building Regulations 2016

Defined Term:Essential Safety and Health Measures

Annual Compliance Certificate:N/A

In Tasmania it is the responsibility of the Owner to ensure all Essential Safety and Health Features/Measures are maintained and serviced to the current regulations and to ensure that each Essential Safety and Health Feature/Measure functions as designed.

A Safety Measures Report can be issued on an annual basis to ensure the Essential Safety and Health Features/Measures are being maintained to Australian Standards and Regulations.

 

Victoria

Building Act:Building Act 1993

Building Regulation:Building Regulations 2018, Regulations 223 and 224       

Annual Compliance Certificate:Annual Essential Safety Measures Report (AESMR)

Defined Term:Essential Safety Measures

In Victoria building owners have the responsibility to ensure all Essential Safety Measures relating to the building are maintained in order to perform as designed.  

An Annual Essential Safety Measures Report  (AESMR) is required to be issued by the owner or the owner's appointed agent within 28 days before the anniversary date of the building's occupancy permit each year.  For buildings constructed before 1 July 1994 an AESMR shall  be prepared within 28 days before 13 June each year.

 

Western Australia

Building Act:Building Act 2011

Building Regulation:Building Regulation 2012, Building Amendment Regulations 2014 

Annual Compliance Certificate:  N/A

Defined Term:Safety Measures

In Western Australia there is no current requirement for the submission of an Annual Essential Service Statement, however it is the responsibility of the owner to ensure all Safety Measures are maintained and serviced to the current regulations and to ensure that each Safety Measure functions as designed.  Australian Standards for fire equipment maintenance, the National Construction Code and Work Health & Safety Regulations are still applicable. 

An Annual Compliance Report can be issued on a yearly basis to ensure the Essential Safety and Health Features/Measures are being maintained to Australian Standards and Regulations.