Quick answer: Australian WHS law is built on three layers: the Act, the Regulations, and Codes of Practice. The Act sets the duties, the Regulations add detail, and the Codes show how businesses can usually meet the legal standard in practice.
Last reviewed: March 2026 by the BlueSafe Technical Team. Reflects current Australian WHS laws and regulations.
Knowing the difference between these layers matters because businesses often treat them as interchangeable. They are not interchangeable, and each layer has a different legal role.
What is the three-tier WHS framework?
The easiest way to think about WHS law is as a stack.
| Tier | Name | Legal weight | What it does |
|---|---|---|---|
| 1 | WHS Act | Primary law | Sets the duties, offences, and enforcement powers |
| 2 | WHS Regulations | Subordinate law | Adds detail to the duties in the Act |
| 3 | Codes of Practice | Approved guidance | Show practical ways to meet the legal standard |
The framework matters because a business can be prosecuted for failing to comply with the Act or the Regulations, and codes can be used as evidence of what the business should have done.
What does the WHS Act do?
The WHS Act is the main law. It creates the primary duties for PCBUs, officers, workers, and other duty holders. It also sets out how offences, notices, and prosecutions work.
In practice, the Act answers questions like:
- Who owes the duty?
- What is the duty?
- When does the duty apply?
- What happens if it is breached?
The Act is the starting point for every WHS decision. If you do not know the Act, you do not know the legal baseline.
What do the WHS Regulations do?
The Regulations add detail. They explain how some duties must be carried out and set more specific requirements for higher-risk activities.
Examples include:
- SWMS and high-risk construction work
- confined spaces
- noise and hearing conservation
- plant and equipment
- hazardous chemicals
- psychosocial risk management
If the Act is the broad rule, the Regulations are the operational rulebook.
What are Codes of Practice?
Codes of Practice are approved guidance documents. They are not the same as legislation, but they are highly important because they are often the clearest statement of what compliance looks like in practice.
Safe Work Australia says approved codes are admissible in proceedings and can be used when deciding what is reasonably practicable. That means a business should treat them seriously even when they are described as guidance.
| Code type | What it means | Practical impact |
|---|---|---|
| National model code | Published by Safe Work Australia | Common benchmark across jurisdictions |
| State or territory code | Adopted or issued locally | Must be checked against the local law |
| Guidance material | Non-code support material | Helpful, but not a substitute for the law |
The page notes for this topic also require the 2026 NSW change to be understood. In that context, approved codes become more than background guidance.
Which codes should businesses know?
| Code | Who it affects | What it expects |
|---|---|---|
| Managing psychosocial hazards at work | All PCBUs | Identify and control psychological and organisational risks |
| Working at heights | Construction and maintenance businesses | Prevent falls using effective controls |
| Confined spaces | High-risk industries | Entry controls, permits, and rescue planning |
| Hazardous chemicals | Manufacturing, cleaning, trades | SDS, labelling, storage, and exposure controls |
| Construction work | Builders and contractors | Risk controls and SWMS for high-risk work |
| Manual tasks | Warehousing, health, and trade work | Reduce strain and overexertion |
| Sexual and gender-based harassment | All workplaces | Proactive prevention and reporting controls |
These codes are the practical reference points most businesses end up using again and again.
How should a business use Codes of Practice?
Codes are most useful when they are built into the business system, not left on a shelf.
Good practice looks like this:
- Identify the codes that apply to the business.
- Compare current procedures against the code.
- Fix gaps in risk controls, documentation, training, and supervision.
- Record where a different method is used and why it is equivalent or better.
- Review the code again after an incident, a change in work, or a law update.
If a business uses an alternative method, it should be able to explain why that method works and how it achieves the same or a higher safety standard.
How do the states and territories differ?
The model system is national, but each jurisdiction applies it in its own way.
| Jurisdiction | Regulator | Key notes |
|---|---|---|
| NSW | SafeWork NSW | Codes remain admissible and are a key benchmark in proceedings |
| VIC | WorkSafe Victoria | Uses the OHS Act 2004 and its own code framework |
| QLD | Workplace Health and Safety Queensland | Model framework with local guidance |
| SA | SafeWork SA | Model framework with local guidance |
| WA | WorkSafe Western Australia | Model framework with local guidance |
| TAS | WorkSafe Tasmania | Model framework with local guidance |
| ACT | WorkSafe ACT | Model framework with local guidance |
| NT | NT WorkSafe | Model framework with local guidance |
The business rule is simple: do not assume a code or interpretation in one state automatically applies unchanged everywhere else.
State and territory variations
The information on this page is based on the Model WHS Act and Model WHS Regulations published by Safe Work Australia, adopted with some variations across most jurisdictions.
| Jurisdiction | Regulator | Key notes |
|---|---|---|
| NSW | SafeWork NSW | Approved codes are admissible and can be relied on in proceedings |
| VIC | WorkSafe Victoria | Uses the OHS Act 2004 rather than the model WHS Act |
| QLD | Workplace Health and Safety Queensland | Model framework |
| SA | SafeWork SA | Model framework |
| WA | WorkSafe Western Australia | Model framework |
| TAS | WorkSafe Tasmania | Model framework |
| ACT | WorkSafe ACT | Model framework |
| NT | NT WorkSafe | Model framework |
Always verify current requirements with your state or territory regulator.
Related guides
- WHS Legislation Explained
- What is Safe Work Australia?
- WHS Compliance in Australia: Essential Guide to Duties, Hazards and Controls
Frequently asked questions
What is the difference between the WHS Act and WHS Regulations?
The Act sets the broad legal duties and enforcement framework. The Regulations add more specific requirements for particular hazards and activities.
Are Codes of Practice legally binding in Australia?
They are not the Act itself, but they are admissible in court and can be used as evidence of what is reasonably practicable.
What happens if I don't follow a Code of Practice?
You may still comply if you use an equivalent or better method, but you need proof. If you ignore the code without a sound alternative, that is a serious legal risk.
How many Codes of Practice are there in Australia?
There are many model codes across the main WHS topics, and each jurisdiction may adopt, adapt, or supplement them.
Get the right documents for your business
If you need the templates that turn the Act, Regulations, and Codes into a working system, BlueSafe's management systems and management plans are designed for that purpose.