What WHS Legislation and Regulations Are Applicable to Your State or Territory in Australia?

There are several WHS legislation and regulations that have been implemented in Australia, and it is important to make sure that one understands them as follows. In this article we discuss what WHS legislation and regulations are applicable to your state or territory in Australia.

WHS legislation in Australia has been developed with the purpose of offering protection to the workers, and is applicable in all the states as well as territories. There is an over-arching national system, but every state and territory has its own regulatory authorities and legislation that varies slightly. This article will outline the regulations of WHS that applies for your business, and direct you to the right authorities.

National WHS Framework

The national model, Work Health and Safety Act 2011 was established in order to bring uniformity of the WHS regulations in the country. This model is applicable in most States and Territories of Australia to make the WHS laws harmonized, though there are few differences in some States like Western Australia and Victoria.

The WHS Act 2011 covers key aspects of worker safety, including:The WHS Act 2011 covers key aspects of worker safety, including:

• Employer’s responsibilities and employee’s responsibilities.
• Risk management processes.
• Incident reporting requirements.
• Penalties for breaches.

Governing Body:
Safe Work Australia

Safe Work Australia develops national policies to improve WHS across the country.

State and Territory-Specific WHS Legislation

1. New South Wales

In NSW, the WHS Act 2011 is in effect, closely aligning with the national model. Employers must ensure safe work environments, manage risks, and follow the required reporting protocols. Breaches can result in significant penalties, with both corporations and individuals held accountable.

Governing Body:
 SafeWork NSW
SafeWork NSW

2. Victoria

Victoria has not adopted the national WHS Act and operates under its own system—the Occupational Health and Safety Act 2004 (OHS Act). While the principles are similar, there are unique differences in how risk management and safety consultation processes are handled.

Governing Body:
 WorkSafe Victoria
WorkSafe Victoria

3. Queensland

Queensland follows the national WHS model, with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 in place. This legislation ensures that all Queensland businesses must implement risk management systems and actively consult with workers on safety matters.

Governing Body:
 Workplace Health and Safety Queensland

WorkSafe Queensland

4. Western Australia

Western Australia only adopted the national model in part. The Work Health and Safety Act 2020 came into effect in 2022, aligning with many aspects of the national system, but retaining some unique provisions, particularly around the mining and petroleum sectors.

Governing Body:
 WorkSafe WA
WorkSafe WA

5. South Australia

South Australia follows the national model under the Work Health and Safety Act 2012. The state has implemented various codes of practice to guide businesses on specific safety requirements, including hazardous chemicals, manual tasks, and electrical safety.

Governing Body: 
SafeWork SA
SafeWork SA

6. Tasmania

Tasmania has implemented the national WHS model under the Work Health and Safety Act 2012. The state’s regulations focus on safe work practices, with specific guidance on incident reporting, worker consultation, and the management of hazardous substances.

Governing Body:
 WorkSafe Tasmania
WorkSafe Tasmania

7. Northern Territory

The Work Health and Safety (National Uniform Legislation) Act 2011 applies in the Northern Territory, based on the national model. Businesses are required to proactively manage risks and consult with employees about safety issues.

Governing Body:
 NT WorkSafe
NT WorkSafe

8. Australian Capital Territory (ACT)

The Work Health and Safety Act 2011 is also the foundation of the ACT’s WHS legislation. Businesses in the ACT must manage hazards, conduct regular risk assessments, and comply with all reporting requirements for workplace incidents.

Governing Body:
WorkSafe ACT
WorkSafe ACT

Key Takeaways

The WHS Act 2011 outlines the framework of WHS at the national level, although each of the states and territories have laws and their own perspective. Whether a person is an employer or a worker, they have to follow the laws of the particular state or territory they are located in to ensure safety from workplace and penalties.

For further information and the part of more specific rules and regulations, please, refer to the website of the governing body for your state or territory. It is therefore important to ensure that you remain compliant in WHS regulations as this not only protects your employees but also shields your business from hefty losses in case of a violation.

Require assistance in Sydney & Melbourne?

Contact BWC Safety – expert WHS Consultants in Sydney and Melbourne.