What is the Work health and safety Act 2011

The model WHS laws include: 

• the model WHS Act 
• the model WHS Regulations 
• model Codes of Practice. 

Commonwealth and state and territory regulators oversee and enforce the laws in their jurisdictions. WHS regulators are supported by the National Compliance and Enforcement Policy, which sets out principles of how WHS regulators monitor and enforce compliance within their jurisdiction.  

The model laws have been implemented in all jurisdictions except Victoria. Some jurisdictions have made minor variations to make sure the legislation is consistent with their relevant drafting protocols and other laws and processes. The model WHS Act Cross-Comparison Table summarises these variations.  

For information on the operation of WHS laws in your jurisdiction, please contact your WHS regulator. 

Model WHS Act 

The model WHS Act forms the basis of the WHS Acts that have been implemented in most jurisdictions across Australia. 

The main object of the Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces. It does this by: 

• protecting workers and other persons from harm by requiring duty holders to eliminate or minimise risk 
• providing for fair and effective representation, consultation and cooperation 
• encouraging unions and employer organisations to take a constructive role in promoting improvements in WHS practices 
• promoting the provision of advice, information, education and training for WHS
• securing compliance with the Act through effective and appropriate compliance and enforcement measures 
• ensuring appropriate scrutiny and review of actions taken by persons with powers or functions under the Act 
• providing a framework for continuous improvement 
• maintaining and strengthening national harmonisation of WHS laws and facilitating a consistent national approach to WHS. 

Safe Work Australia has published additional documents that complement the model WHS Act: 

• The explanatory memorandum to the model WHS Act explains how the Act operates. 
• The Guide to the model WHS Act also provides an overview of the WHS Act and will help you understand health and safety duties at work.  

Model WHS Regulations 

The model WHS Regulations set out detailed requirements to support the duties in the model WHS Act. They also prescribe procedural or administrative requirements to support the model WHS Act (for example requiring licences for specific activities and keeping records). 

We have published some additional documents that complement the model WHS Regulations: 

Model Codes of Practice 

Model Codes of Practice are practical guides to achieving the standards of health and safety required under the model WHS Act and Regulations. 

To have legal effect, a model Code of Practice must be approved as a code of practice in a jurisdiction. To determine if a model Code of Practice has been approved in a particular jurisdiction, check with your local WHS regulator. 

An approved code of practice applies to anyone who has a duty of care in the circumstances described in the code. In most cases, following an approved code of practice would achieve compliance with the health and safety duties in a jurisdiction’s WHS Act and Regulations. 

Like regulations, codes of practice deal with particular issues and do not cover all hazards or risks that may arise. Health and safety duties require you to consider all risks associated with work, not only those risks that regulations and codes of practice exist for. 

Approved codes of practice are not law, but they are admissible in court proceedings.  

Courts may: 

• regard an approved code of practice as evidence of a hazard, risk or control 
• rely on the relevant code to determine what is reasonably practicable in the circumstances. 

NATLEX

Database of national labour, social security and related human rights legislation

Name:	Work Health and Safety Act 2011 No 10.
Country:	Australia - New South Wales
Subject(s):	Occupational safety and health
Type of legislation:	Law, Act
Adopted on:	2011-06-07
Entry into force:
ISN:	AUS-2011-L-93156
Link:	https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=93156&p_lang=en
Bibliography:	Legislation on-line NSW Legislation, Australia PDF of Act as at 1/2/2016 (consulted on 2013-05-24)
Abstract/Citation:	The Work Health and Safety Act 2011 (NSW) regulates workplace health and safety (WHS) in NSW. It specifically aims to protect people at workplaces from risk to their health or safety and to promote safe and healthy work environments. The Act was introduced as part of the 'harmonisation' package of Federal and State WHS legislation that commenced on 1 January 2012. The objectives of the Act are:to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces by:1. protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work or from specified types of substances or plant, and2. providing for fair and effective workplace representation, consultation, co-operation and issue resolution in relation to work health and safety, and3. encouraging unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and assisting persons conducting businesses or undertakings and workers to achieve a healthier and safer working environment, and4. promoting the provision of advice, information, education and training in relation to work health and safety, and5. securing compliance with this Act through effective and appropriate compliance and enforcement measures, and6. ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act, and7. providing a framework for continuous improvement and progressively higher standards of work health and safety, and8. maintaining and strengthening the national harmonisation of laws relating to work health and safety and to facilitate a consistent national approach to work health and safety in this jurisdiction.
Repealed text(s):
Implementing text(s):

The Work Health and Safety Act 2011 (WHS Act) provides a framework to protect the health, safety and welfare of all workers. It also protects the health and safety of others who might be affected by the work your business does.

All workers are protected by the WHS Act. This includes:

• employees
• contractors
• subcontractors
• outworkers
• apprentices
• trainees
• work experience students
• volunteers
• employers who perform work.

The WHS Act also provides protection for the general public so that their health and safety is not at risk by work performed by your business.

The WHS Act places the primary health and safety duty on a person conducting a business or undertaking (PCBU). A PCBU must ensure, so far as is reasonably practicable, the health and safety of workers in their workplace. Duties are also placed on officers of a PCBU, workers and other persons at a workplace.

Most duties under the WHS Act are qualified by the term 'reasonably practicable'.

The WHS Act also sets out the requirements for the following:

• incident notification
• consultation with workers
• issue resolution
• inspector powers and functions
• offences and penalties.

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• Last reviewed: 4 Jul 2019
• Last updated: 2 Apr 2020