Mould in Illawarra TAFE and University Buildings: Duty of Care, Reporting, and What Institutions Must Do

The University of Wollongong and TAFE NSW Illawarra Institute operate a substantial stock of educational buildings across the region, from the main UOW campus in Northfields Avenue and its Innovation Campus at North Wollongong, to TAFE campuses in Wollongong, Shellharbour, Bega, and associated training facilities. Some of this building stock is aging, portions of UOW’s campus date to the 1960s and 1970s, and the Illawarra’s coastal humidity creates mould conditions in older buildings that are poorly ventilated or have had water intrusion events. This guide explains what duty of care obligations apply, how students and staff can report mould, and what appropriate institutional response looks like. For the K-12 context, see our childcare and school mould guide.

Quick Answer (BLUF)

Universities and TAFE institutions owe a duty of care to students and staff for indoor air quality and building safety. Mould that affects health or impairs the ability to use a building for its intended purpose must be remediated. Students and staff can report mould through formal channels and, if unresolved, escalate to SafeWork NSW (for workplace issues) or the National Centre for Vocational Education Research (for TAFE funding accountability). Universities have additional obligations under WHS legislation for staff.

Legal Framework: What Institutions Are Obligated to Do

Work Health and Safety Act 2011 (NSW)

For staff, academic, administrative, and support, the Work Health and Safety Act 2011 (NSW) is the primary framework. The institution (as the Person Conducting a Business or Undertaking, PCBU) must:

• Identify and manage hazards in the workplace, including indoor environmental quality
• Consult with workers about WHS matters (this includes consulting with staff about known mould issues)
• Take reasonably practicable steps to eliminate or control risks

Mould in a workplace that causes or exacerbates respiratory illness in staff is a WHS matter. SafeWork NSW has the power to investigate complaints, issue improvement notices, and in serious cases, issue prohibition orders.

Duty of Care to Students

Students are not employees, so WHS legislation does not directly apply to them in the same way. Instead, institutions owe students a common law duty of care and have obligations under the Higher Education Standards Framework (for universities) and the Standards for Registered Training Organisations (for TAFE) to provide appropriate learning environments. Mould in classrooms, libraries, or student accommodation operated by the institution can constitute a failure to provide an appropriate learning environment.

Student Accommodation

UOW and TAFE facilities that include student accommodation are subject to the Residential Tenancies Act 2010 (NSW) in the same way as private rental properties. This includes the obligation to maintain premises in a reasonable state of repair. Students in residential accommodation who identify mould have the same rights as private tenants, see our rental mould dispute escalation guide.

High-Risk Building Types in Illawarra Education Settings

1960s, 1970s reinforced concrete buildings (UOW campus): Several UOW teaching buildings date to this era. Flat roof construction, minimal insulation, and single-glazed windows in these buildings creates cold walls, condensation, and frequent water ingress around window and parapet details. Mould in offices and lecture rooms in older concrete buildings is a known issue.

Older TAFE trades facilities: TAFE trades buildings in this era typically have high ceilings, large ventilation openings, and industrial use patterns that reduce moisture accumulation in the main building shell. However, change rooms, staff rooms, and storerooms in older buildings are frequently mould-affected.

Portables and demountable classrooms: Many TAFE campuses across the Illawarra use demountable (portable) classrooms, buildings that are particularly vulnerable to mould due to their lightweight construction, limited underfloor ventilation, and susceptibility to moisture ingress at connection joints. Demountables that show external wall staining or musty odour inside should be inspected.

How to Report Mould in an Educational Institution

As a student

1. Report to the facilities management team or facilities hotline, most institutions have an online maintenance request portal
2. If the issue is in student accommodation, also notify your residential advisor or student housing manager
3. If the institution does not respond within a reasonable timeframe (2-4 weeks for a non-urgent issue, 24-48 hours for a health-impacting issue), escalate to the student union or association, they have experience navigating institutional complaints
4. For health-related complaints, the university’s student health service or TAFE student support team can provide documentation and support

As a staff member

1. Report formally to facilities management, your supervisor, and the WHS contact for your area
2. If the issue affects your health (exacerbating asthma, respiratory symptoms), report to the institution’s WHS officer and keep a written record
3. Request a formal hazard identification form to be completed
4. If the institution fails to take adequate action within a reasonable period, you can lodge a complaint with SafeWork NSW
5. Contact your union (NTEU for UOW academic/professional staff, United Workers Union for TAFE staff), unions have WHS expertise and leverage

What Adequate Institutional Response Looks Like

An institution that is responding appropriately to a reported mould problem should:

1. Acknowledge the report and commit to an inspection timeline
2. Commission a professional mould inspection, not a staff visual inspection
3. If mould is confirmed, arrange professional remediation
4. Consider whether affected spaces need to be vacated during remediation (particularly for people with respiratory conditions)
5. Provide post-remediation verification testing before the space is reoccupied
6. Communicate with those who reported the issue about the outcome

Institutions that “treat” mould by having facilities staff apply bleach spray and repaint are not complying with their obligations and the mould will recur.

FAQs

Can I refuse to use a mould-affected classroom?

As a student, your ability to unilaterally refuse to attend a class is limited, though you may be able to request reasonable adjustments if mould is causing documented health impacts. As a staff member, under WHS legislation you have a right to cease unsafe work, but this is a significant step and union advice is strongly recommended before taking it.

What if mould in a university building makes me sick?

Document your symptoms, obtain a medical certificate from a GP who is aware of the building mould issue, and lodge a formal report with the institution. If the institution’s response is inadequate, a personal injury claim or WHS complaint to SafeWork NSW may be appropriate. Keep records of everything.

Are institutions required to disclose known mould problems to new students or staff?

There is no specific disclosure obligation, but under general duty of care and WHS obligations, known and unresolved hazards should not be concealed. Institutions that are aware of significant mould issues in occupied buildings and fail to disclose them or address them are increasing their liability exposure.