Quick answer: Under the model WHS framework, the three main duty holders are the PCBU, officers, and workers. The PCBU has the primary duty, officers must verify the business is managing safety properly, and workers must take reasonable care and follow safe systems of work. Victoria uses a separate OHS framework and terminology.
Last reviewed: August 2026 by the BlueSafe Technical Team. Commonwealth penalty figures are identified separately from model-law and state or territory penalty settings.
Every business needs to know who is legally responsible for safety, because WHS duties do not sit with one person only. The law spreads responsibility across the business, its leaders, and the people doing the work.
Who are the three WHS duty holders?
The Model WHS Act uses a layered structure. The three duty holders most businesses need to understand are the PCBU, officers of the PCBU, and workers.
| Duty holder | Who they are | Main duty | Practical meaning |
|---|---|---|---|
| PCBU | The business, company, partnership, sole trader, or other undertaking | Ensure health and safety so far as is reasonably practicable | Put the system in place, fund it, and keep it working |
| Officer | Directors, CEOs, partners, trustees, and others with substantial decision-making power | Exercise due diligence | Check that safety is being managed, not just promised |
| Worker | Employees, contractors, labour hire staff, apprentices, and volunteers | Take reasonable care and comply with instructions | Work safely and cooperate with the system |
The structure matters because a business cannot simply say "the manager handles safety" and stop there. Each layer has a different legal function, and each layer can be prosecuted if it fails in its own duty.
What is the PCBU responsible for?
The PCBU has the primary duty of care. In practical terms, that means the business must identify foreseeable risks, provide safe systems of work, supply suitable plant and equipment, consult workers, and monitor whether controls are working.
The duty is not limited to construction. It applies to a small office business, a manufacturing site, a transport operator, a contractor, or a not-for-profit if they are conducting an undertaking and have workers or work activities under their control.
Good PCBUs do a few things consistently:
- They consult workers before work starts.
- They make sure risks are assessed before tasks begin.
- They allocate enough time, money, and supervision for safe work.
- They review incidents and fix the system, not just the symptom.
What must officers do?
Officers are the people who make the big decisions or influence the business at the highest level. The law expects them to go beyond general oversight and actively verify that WHS is being managed.
The six due diligence elements are central:
- Acquire and keep up-to-date knowledge of WHS matters.
- Understand the business operations and the hazards they create.
- Ensure the PCBU has appropriate resources and processes to eliminate or minimise risks.
- Ensure the PCBU has processes for receiving and acting on WHS information.
- Ensure the PCBU has processes for complying with WHS duties.
- Verify that the resources and processes are actually being used.
That means officers need evidence, not assumptions. Board papers, WHS reports, risk registers, training records, and action logs all help show that the duty is being exercised in practice.
What must workers do?
Workers have a narrower but still important duty. They must take reasonable care of their own health and safety, make sure their actions do not create risk for others, and follow the workplace's reasonable safety instructions.
Workers also have an active role in the safety system. They should:
- Use equipment the way it was intended.
- Report hazards, incidents, and near misses.
- Attend consultations and toolbox talks.
- Follow SWMS, procedures, permits, and site rules.
The law does not expect workers to design the whole safety system, but it does expect them to participate in it and not undermine it.
How do overlapping duties work?
Many workplaces have more than one PCBU. This is common on construction sites, in warehousing, and in labour hire arrangements. The law does not let one PCBU push the duty onto another.
| Scenario | Who owes a duty | What must happen |
|---|---|---|
| Principal contractor and subcontractor | Both PCBUs | They must consult, cooperate, and coordinate work controls |
| Labour hire worker on site | Labour hire company and host PCBU | Both must make sure the worker is supervised and inducted |
| Shared workplace with multiple businesses | Each PCBU | Each must manage the risks it can influence or control |
The practical test is simple: if you can influence the risk, you have a duty to act on it.
What penalties can apply?
Penalties depend on the governing law, the type of breach and the duty holder's role. The model WHS framework uses three offence categories, but it does not create one universal penalty schedule for every Australian jurisdiction.
The exact figures below are Commonwealth 2026–27 indexed maximum penalties, sourced to the authorised Work Health and Safety (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2026 (F2026N00550). They are not universal Australian or model penalties.
| Category | Individual as PCBU or officer | Other individual | Body corporate |
|---|---|---|---|
| Category 1 | $3,546,000 | $1,773,000 | $17,728,000 |
| Category 2 | $494,000 | $247,000 | $2,470,000 |
| Category 3 | $165,000 | $83,000 | $827,000 |
The instrument commenced on 27 July 2026, while the indexed amounts apply for the annual period beginning 1 July 2026. It self-repeals at the start of 1 July 2027. The authorised table controls the exact values; the reported 4% annual increase is not, by itself, a substitute for those figures.
The key point is that personal liability is real. A director who ignores safety information can face personal consequences even if the company also copes the corporate fine.
State and territory variations
The duty-holder explanation on this page follows the model WHS framework. Each jurisdiction enacts and amends its own law, so local duties, offence provisions and penalty amounts must be checked separately.
| Jurisdiction | Regulator | Key notes |
|---|---|---|
| Commonwealth | Comcare | Commonwealth WHS Act; the F2026N00550 table above applies for 2026–27 |
| NSW | SafeWork NSW | Model WHS framework with NSW-specific amendments |
| VIC | WorkSafe Victoria | Uses the OHS Act 2004 and OHS terminology rather than the model WHS Act |
| QLD | Workplace Health and Safety Queensland | Model-based framework with Queensland-specific legislation and penalties |
| SA | SafeWork SA | Model-based framework with South Australian legislation and penalties |
| WA | WorkSafe Western Australia | Model-based framework with Western Australian legislation and penalties |
| TAS | WorkSafe Tasmania | Model-based framework with Tasmanian legislation and penalties |
| ACT | WorkSafe ACT | Model-based framework with ACT legislation and penalties |
| NT | NT WorkSafe | Model-based framework with Northern Territory legislation and penalties |
Always check the exact legislation and regulator guidance that applies in your jurisdiction, because enforcement practice and local amendments can differ.
Related guides
- What is a PCBU? Duties, Responsibilities and Legal Obligations
- WHS Due Diligence for Officers and Directors
- WHS Act, Regulations and Codes of Practice
Frequently asked questions
What are the three main WHS duty holders in Australia?
The three main duty holders are the PCBU, officers, and workers. The PCBU carries the primary duty, officers must exercise due diligence, and workers must take reasonable care and cooperate with the safety system.
Can a director be held personally liable for WHS breaches?
Yes. If an officer does not exercise due diligence, they can be prosecuted personally. That personal liability exists separately from the company's liability.
What are the duties of a worker under WHS law?
Workers must take reasonable care for themselves and others, follow reasonable instructions, and cooperate with WHS procedures. They should also report hazards and incidents promptly.
Can there be more than one PCBU responsible for the same workplace?
Yes. Multiple PCBUs can share WHS duties at one workplace, and each one must consult, cooperate, and coordinate with the others.
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