WHS Duty Holders
Work health and safety laws do not just cover ‘persons conduct a business or undertaking’ (PCBU). There are many duty holders that have real obligations.
Failure to uphold your duties can lead to enforcement action by regulators.
Do you have duties under health and safety laws?
There are obligations on duty holders to ensure health and safety
What is your aim today?
Learn about duty holders
At the outset…
Being an employer carries many obligations. One relates to health and safety duties within workplaces.
By creating a safe system of work, health and safety risks can be eliminated or minimised.
Just keep in mind that general information is no substitute for legal advice from a lawyer. Also, please note that Anderson Legal does not provide advice in relation to workers’ compensation laws.
WHS Duty Holders
>> Employers (PCBU)
>> Officers (executives)
>> Workers (employees)
>> Contractors
>> Site senior executives
WHS laws across Australia
Model WHS laws developed through Safe Work Australia have been introduced in all states and territories with the exception of Victoria. They provide some uniformity for work health and safety standards across Australia. The model laws comprise the governing legislation, as well as regulations and codes of practice.
Australian Capital Territory (ACT)
Work health and safety laws – ACT
WHS requirements in the Australian Capital Territory are set out in a number of laws:
- Work Health and Safety Act 2011 (ACT)
- Scaffolding and Lifts Act 1912 (ACT)
- Machinery Act 1949 (ACT)
- Dangerous Goods (Road Transport) Act 2009 (ACT)
- Dangerous Substances Act 2004 (ACT)
The above laws may be accompanied by regulations, which also form part of the regulatory compliance framework for businesses and individuals. This includes:
- Work Health and Safety Regulation 2011 (ACT)
- Scaffolding and Lifts Regulation 1950 (ACT)
- Boilers and Pressure Vessels Regulation 1954 (ACT)
- Machinery Regulation 1950 (ACT)
- Dangerous Goods (Road Transport) Regulation 2010 (ACT)
WorkSafe ACT is comprised of the Work Health and Safety Commissioner appointed as Regulator under the Work Health and Safety Act 2011 (ACT) and the Office of the Work Health and Safety Commissioner.
New South Wales (NSW)
Work health and safety laws – NSW
WHS requirements in New South Wales are set out in a number of laws:
- Work Health and Safety Act 2011 (NSW)
- Explosives Act 2003 (NSW)
- Dangerous Goods (Road and Rail Transport) Act 2008 (NSW)
The above laws may be accompanied by regulations, which also form part of the regulatory compliance framework for businesses and individuals. This includes:
- Work Health and Safety Regulation 2017 (NSW)
- Explosives Regulation 2013 (NSW)
- Dangerous Goods (Road and Rail Transport) Regulation 2010 (NSW)
SafeWork NSW is the general work health and safety regulator in New South Wales.
In New South Wales, specific laws for mine and petroleum health and safety are overseen by the NSW Resources Regulator. It comprises the following laws and regulations:
- Work Health and Safety (Mines and Petroleum Sites) Act 2013 (NSW)
- Health and Safety (Mines and Petroleum Sites) Regulation 2014 (NSW)
Northern Territory (NT)
Work health and safety laws – NT
WHS requirements in the Northern Territory are set out in a number of laws:
- Work Health and Safety (National Uniform Legislation) Act 2011 (NT)
- Dangerous Goods Act 1998 (NT)
- Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 (NT)
- Radioactive Ores and Concentrates (Packaging and Transport) Act 1980 (NT)
- Electricity Reform Act 2000 (NT)
- Work Health Administration Act 2011 (NT)
The above laws may be accompanied by regulations, which also form part of the regulatory compliance framework for businesses and individuals. This includes:
- Work Health and Safety (National Uniform Legislation) Regulations 2011 (NT)
- Dangerous Goods Regulations 1985 (NT)
- Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Regulations 2010 (NT)
- Radioactive Ores and Concentrates (Packaging and Transport) Regulations 1980 (NT)
- Electricity Reform (Safety and Technical) Regulations 2000 (NT)
NT WorkSafe is a division of the Department of Attorney-General in the Northern Territory.
Queensland (QLD)
Work health and safety laws – QLD
WHS requirements in Queensland are set out in a number of laws:
- Work Health and Safety Act 2011 (QLD)
- Electrical Safety Act 2002 (QLD)
The above laws may be accompanied by regulations, which also form part of the regulatory compliance framework for businesses and individuals. This includes:
- Work Health and Safety Regulation 2011 (QLD)
- Electrical Safety Regulation 2013 (QLD)
Workplace Health and Safety Queensland is the general regulator in Queensland. The Electrical Safety Office oversees compliance with the Electrical Safety Act 2002 (QLD). Both sit within the Office of Industrial Relations in Queensland.
In Queensland, specific laws exist for the resources sector, overseen by Resources Safety and Health Queensland (RSHQ). It administers the following laws:
- Coal Mining Safety and Health Act 1999 (QLD)
- Mining and Quarrying Safety and Health Act 1999 (QLD)
- Explosives Act 1999 (QLD)
- Petroleum and Gas (Production and Safety Act) 2004 (QLD)
South Australia (SA)
Work health and safety laws – SA
WHS requirements in South Australia are set out in a number of laws:
- Work Health and Safety Act 2012 (SA)
- Dangerous Substances Act 1979 (SA)
- Explosives Act 1936 (SA)
- Petroleum Products Regulation Act 1995 (SA)
The above laws may be accompanied by regulations, which also form part of the regulatory compliance framework for businesses and individuals. This includes:
- Work Health and Safety Regulation 2012 (SA)
- Dangerous Substances (General) Regulations 2017 (SA)
- Dangerous Substances (Dangerous Goods Transport) Regulations 2018 (SA)
- Explosives Regulations 2011 (SA)
- Explosives (Security Sensitive Substances) Regulations 2021 (SA)
- Petroleum Products Regulations 2008 (SA)
SafeWork SA administers health and safety laws in South Australia.
Tasmania (TAS)
Work health and safety laws – TAS
WHS requirements in Tasmania are set out in a number of laws:
- Work Health and Safety Act 2012 (TAS)
- Dangerous Goods (Road and Rail Transport) Act 2010 (TAS)
- Explosives Act 2012 (TAS)
- Mines Work Health and Safety (Supplementary Requirements) Act 2012 (TAS)
- Security-sensitive Dangerous Substances Act 2005 (TAS)
- Work Health and Safety (Transitional and Consequential Provisions) Act 2012 (TAS)
The above laws may be accompanied by regulations, which also form part of the regulatory compliance framework for businesses and individuals. This includes:
- Work Health and Safety Regulations 2022 (TAS)
- Dangerous Goods (Road and Rail Transport) Regulations 2021 (TAS)
- Explosives Regulations 2022 (TAS)
- Mines Work Health and Safety (Supplementary Requirements) Regulations 2022 (TAS)
- Security-sensitive Dangerous Substances Regulations 2015 (TAS)
- Work Health and Safety (Transitional) Regulations 2022 (TAS)
WorkSafe Tasmania is the general regulator in Tasmania.
Victoria (VIC)
Occupational health and safety laws – VIC
OHS requirements in the Victorian laws do not follow the model WHS laws of the other States and Territories in Australia. Work health and safety laws in Victoria include:
- Occupational Health and Safety Act 2004 (VIC)
- Equipment (Public Safety) Act 1994 (VIC)
- Dangerous Goods Act 1985 (VIC)
The above laws may be accompanied by regulations, which also form part of the regulatory compliance framework for businesses and individuals. This includes:
- Occupational Health and Safety Regulations 2017 (VIC)
- Equipment (Public Safety) Regulations 2017 (VIC)
- Dangerous Goods (HCDG) Regulations 2016 (VIC)
- Dangerous Goods (Explosives) Regulations 2022 (VIC)
- Dangerous Goods (Transport by Road or Rail) Regulations 2018 (VIC)
- Dangerous Goods (Storage and Handling) Regulations 2022 (VIC)
WorkSafe Victoria is the regulator for occupational health and safety laws in Victoria.
Western Australia (WA)
Work health and safety laws – WA
WHS requirements in Western Australia are set out in the following legislation:
- Work Health and Safety Act 2020 (WA)
The above laws may be accompanied by regulations, which also form part of the regulatory compliance framework for businesses and individuals. This includes:
- Work Health and Safety (General) Regulations 2022 (WA)
- Work Health and Safety (Mines) Regulations 2022 (WA)
- Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022 (WA)
WorkSafe WA is the general regulator in Western Australia.
Understand how this firm can help you
About Andrew Anderson
Do you need a WHS lawyer to assist you a legal issue related to your health and safety duties?
Andrew Anderson guides his clients through challenging, complex and serious problems. He has a proven and successful record.
How this firm can assist you
>> Advise on rights and responsibilities
>> Draft workplace policies and procedures
>> Assist with safety management systems
>> Resolve regulatory compliance issues
>> Respond to regulatory enforcement
Book a consultation to get legal advice
Fixed-price initial consultation
A fixed-price initial consultation is $495 incl. GST for up to one hour, which may be tax deductible (consult your tax advisor).
If you need a work health and safety lawyer to assist you with a legal issue, book an appointment for an initial consultation with this firm. You will receive clear and timely advice that allows you to understand the relevant legal issues and make informed choices about your options.
An initial consultation with Anderson Legal is obligation-free, meaning there is no expectation or commitment to additional legal work or costs. As such, following the initial consultation, if you want to engage this firm for further advice or legal representation, you will receive an estimate of costs as far as possible.
Initial consultations are by appointment only, with in-person, video, and phone options possible.
WHS Due Diligence
Managing workplace hazards and risks is an essential requirement in all workplaces across Australia.
WHS due diligence involves putting in place systems and processes to eliminate or mitigate safety risks.
Have you got a safety management system?
WHS due diligence is critical to compliance
What is your aim today?
Learn about WHS due diligence
To begin with…
If you operate a business or manage workers, understanding WHS due diligence is critical to preventing illness and injury in your workplace.
While general information may offer a place to begin, it is no substitute for legal advice from a lawyer.
Just note that Anderson Legal does not provide advice about workers’ compensation laws.
Issues you may encounter
>> Codes of practice
>> Policies and procedures
>> Consultation about safety issues
>> Safe systems of work
>> Responding to safety concerns
Hierarchy of controls in removing and reducing risks
The hierarchy of controls is a framework used to modify the level of risk in a workplace. How risks are treated involves an evaluation of what is reasonably practicable.
An important part of WHS due diligence is to ensure there is appropriate risk treatment in a workplace, so as to eliminate or, at the very least, reduce risks to health and safety. The hierarchy of controls ranks from the highest to lowest in terms of their level of protection and reliability in controlling or reducing risk:
- Eliminate the hazard
- Substitute the hazard
- Isolate the hazard
- Use engineering controls
- Use administrative controls
- Use personal protective equipment (PPE)
If it is not reasonably practicable to eliminate the risk, then it may be minimised by working through the other controls.
Understand how this firm can help you
About Andrew Anderson
Do you need an experienced lawyer to help you comply with your work health and safety obligations?
Andrew Anderson guides his clients through challenging, complex and serious problems. He has a proven and successful record.
How this firm can assist you
>> Advise on rights and responsibilities
>> Draft workplace policies and procedures
>> Assist with safety management systems
>> Resolve regulatory compliance issues
>> Respond to regulatory enforcement
Book a consultation to get legal advice
Fixed-price initial consultation
A fixed-price initial consultation is $495 incl. GST for up to one hour, which may be tax deductible (consult your tax advisor).
If you want legal advice about WHS due diligence, book an appointment for an initial consultation with Anderson Legal. You will receive clear and timely advice that allows you to understand the relevant legal issues and make informed choices about your options.
An initial consultation with Anderson Legal is obligation-free, meaning there is no expectation or commitment to additional legal work or costs. As such, following the initial consultation, if you want to engage this firm for further advice or legal representation, you will receive an estimate of costs as far as possible.
Initial consultations are by appointment only, with in-person, video, and phone options possible.
WHS Incident Response
There are strict obligations on duty holders to inform regulators of notifiable incidents.
If you or your business needs assistance with WHS incident response, you should seek urgent legal help.
Do you know your WHS incident response duties?
This firm assists with urgent incident responses
What is your aim today?
Learn about WHS incident response duties
A starting point…
Do you need legal advice about your obligations following a health and safety incident at your work?
Before taking action that may have legal implications, it can help to get informed about potential issues.
Just keep in mind that general information is no substitute for legal advice from a lawyer.
Issues you may encounter
>> Incident notification to regulators
>> Investigations by regulators
>> Compelled interviews and records
>> Enforcement action by regulators
>> Criminal charges for safety breaches
Understand how this firm can help you
About Andrew Anderson
Do you need an experienced lawyer to help you respond to a WHS event in your workplace?
Andrew Anderson guides his clients through challenging, complex and serious problems. He has a proven and successful record.
How this firm can assist you
>> Advise on notification obligations
>> Liaise with regulators and inspectors
>> Protect your interests in investigations
>> Prepare responses to regulators
>> Defend charges before courts
Book a consultation to get legal advice
Fixed-price initial consultation
A fixed-price initial consultation is $495 incl. GST for up to one hour, which may be tax deductible (consult your tax advisor).
If you need legal advice in relation to a WHS incident and your response, contact this firm for urgent legal assistance. You will receive clear and timely advice that allows you to understand the relevant legal issues and make informed choices about your options.
An initial consultation with Anderson Legal is obligation-free, meaning there is no expectation or commitment to additional legal work or costs. As such, following the initial consultation, if you want to engage this firm for further advice or legal representation, you will receive an estimate of costs as far as possible.
Initial consultations are by appointment only, with in-person, video, and phone options possible.