It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises.
Owners of let property will be occupiers of those areas which they have not let by demise and over which they have retained control (such as the common staircase in flat building).
If the tenancy agreement imposes upon the owner the duty to carry out repairs, he will be co-responsible with the tenant for the conditions of the premises as occupier.
Independent contractors working on the property may also be covered by the concept of "occupier" if they exercise sufficient control over the premises.
S 1(3) of the Act defines premises as “fixed or movable structures, including any vessel, vehicle or aircraft.” Nevertheless, occupiers of vehicles are rarely sued by passengers under the Occupiers’ Liability Act, usually relying on Common Law Negligence.
Under Australian Law the Scope and content of a duty of care depends on 6 main factors.
[3] (1) magnitude of the risk as perceived by the reasonable occupier; (2) degree of probability of its occurrence; (3) expense, difficulty and inconvenience of taking precautions; (4) obviousness of the harm; (5) type of occupier (6) degree of the entrant’s skill or knowledge.
As a result, a higher standard of care is expected from the occupier when children are visiting his premises.
[6] The occupier will not normally be liable for damage caused by the negligence of persons who were carrying out work on his premises, such as independent contractors.