Quick answer: Australian WHS legislation — built around the WHS Act 2011, WHS Regulations, and Codes of Practice — imposes a primary duty of care on every PCBU (business or undertaking) to ensure the health and safety of workers and others so far as is reasonably practicable. Penalties for serious breaches include fines up to $3 million and imprisonment.
Last reviewed: March 2026 by the BlueSafe Technical Team. Reflects current Model WHS Regulations.
Understanding your legal obligations is the foundation of effective workplace safety. This guide explains the key elements of Australian WHS legislation and what they mean for your business.
The WHS Framework
Australia operates under a harmonized WHS framework that includes:
- Model WHS Act – The primary legislation establishing duties and obligations
- Model WHS Regulations – Detailed requirements for specific hazards and activities
- Codes of Practice – Practical guidance on meeting legal requirements
- Australian Standards – Technical specifications often referenced in legislation
Most states and territories have adopted the model laws, though some variations exist (notably in Victoria and Western Australia).
Key Duty Holders
The WHS Act defines several categories of duty holders, each with specific obligations:
| Duty holder | Definition | Primary duty | Maximum penalty (Cat 1) |
|---|---|---|---|
| PCBU | Person Conducting a Business or Undertaking — any company, sole trader, partnership, government body or not-for-profit | Ensure health and safety of workers and others, so far as reasonably practicable | $3,000,000 (body corporate) |
| Officer | Director, CEO, partner or person who makes decisions affecting the whole business | Exercise due diligence to ensure the PCBU complies with WHS duties | $600,000 or 5 years imprisonment |
| Worker | Employee, contractor, subcontractor, apprentice, volunteer | Take reasonable care for own and others' health and safety; comply with WHS instructions | $100,000 |
| Other persons | Visitors, customers and others at the workplace | Take reasonable care for own and others' health and safety; comply with reasonable WHS instructions | — |
Person Conducting a Business or Undertaking (PCBU)
The PCBU is the central duty holder under the Act. A PCBU can be:
- A company or corporation
- A sole trader
- A partnership
- A government department or agency
- A not-for-profit organization
The PCBU has the primary duty of care to ensure, so far as is reasonably practicable, the health and safety of:
- Workers engaged by the PCBU
- Workers whose work is influenced or directed by the PCBU
- Other persons who may be affected by the work
Officers
Officers (such as company directors) have a duty to exercise due diligence to ensure the PCBU complies with its WHS duties. This includes:
- Acquiring and keeping knowledge of WHS matters
- Understanding the nature and operations of the business
- Ensuring adequate resources and processes for WHS
- Ensuring appropriate reporting and response systems
- Verifying that resources and processes are actually being used
Workers
Workers have duties to:
- Take reasonable care for their own health and safety
- Take reasonable care not to adversely affect others
- Comply with reasonable WHS instructions
- Cooperate with reasonable WHS policies and procedures
Other Persons at Workplaces
Visitors, customers, and other persons at workplaces must:
- Take reasonable care for their own health and safety
- Take reasonable care not to adversely affect others
- Comply with reasonable WHS instructions
The Primary Duty of Care
The PCBU's primary duty requires providing and maintaining, so far as is reasonably practicable:
- A work environment without health and safety risks
- Safe plant and structures
- Safe systems of work
- Safe use, handling, and storage of substances
- Adequate facilities for worker welfare
- Necessary information, training, instruction, and supervision
- Health monitoring and workplace monitoring
What is "Reasonably Practicable"?
This key term means what is reasonably able to be done, taking into account:
- The likelihood of the hazard or risk occurring
- The degree of harm that could result
- What the person knows or ought to know about the hazard
- The availability and suitability of ways to eliminate or minimise the risk
- The cost of eliminating or minimising the risk
Cost can only be considered after the first four factors, and the duty holder must demonstrate that costs are grossly disproportionate to the risk.
Consultation Requirements
PCBUs must consult with workers who are, or are likely to be, affected by WHS matters. This includes:
- Identifying hazards and assessing risks
- Making decisions about risk controls
- Proposing changes that may affect WHS
- Providing information and training
Consultation must be genuine and provide workers with a reasonable opportunity to contribute.
Penalties for Non-Compliance
The WHS Act includes significant penalties for breaches:
Category 1 – Reckless Conduct
- Reckless conduct exposing a person to risk of death or serious injury
- Individual: Up to 5 years imprisonment and/or $600,000 fine
- Body corporate: Up to $3,000,000 fine
Category 2 – Failure to Comply (Exposing to Risk)
- Failure to comply with a duty exposing a person to risk
- Individual: Up to $300,000 fine
- Body corporate: Up to $1,500,000 fine
Category 3 – Failure to Comply
- Failure to comply with a duty
- Individual: Up to $100,000 fine
- Body corporate: Up to $500,000 fine
Industrial Manslaughter
Several jurisdictions now have industrial manslaughter offences with penalties including imprisonment for individuals and fines up to $18,000,000 for corporations.
Key Takeaways
- The WHS Act applies to all businesses regardless of size
- PCBUs have the primary duty to ensure health and safety
- Officers must exercise due diligence – ignorance is not a defence
- "Reasonably practicable" requires balancing risk and effort
- Consultation with workers is a legal requirement
- Penalties for breaches are severe, including imprisonment
State and Territory Variations
The information on this page is based on the Model WHS Regulations published by Safe Work Australia, which have been adopted (with minor variations) by most states and territories.
| Jurisdiction | WHS regulator | Key notes |
|---|---|---|
| NSW | SafeWork NSW | Adopted Model WHS Act and Regulations |
| VIC | WorkSafe Victoria | Uses OHS Act 2004 — terminology and some duties differ |
| QLD | Workplace Health and Safety Queensland | Adopted Model WHS Act and Regulations |
| SA | SafeWork SA | Adopted Model WHS Act and Regulations |
| WA | WorkSafe Western Australia | Adopted Model WHS Regulations (2022) |
| TAS | WorkSafe Tasmania | Adopted Model WHS Act and Regulations |
| ACT | WorkSafe ACT | Adopted Model WHS Act and Regulations |
| NT | NT WorkSafe | Adopted Model WHS Act and Regulations |
Always verify requirements with your state regulator, as local codes of practice and guidance may impose additional obligations.
Related guides
- What is a PCBU? Duties, Responsibilities and Legal Obligations
- Hierarchy of Controls Explained
- Reporting Notifiable Incidents under WHS Law
- Chain of Responsibility for Subcontractors
Frequently asked questions
What is the WHS Act 2011?
The Work Health and Safety Act 2011 is Australia's primary workplace safety legislation, establishing duties for PCBUs, Officers, and Workers. Most states and territories have adopted it as part of the harmonised national framework, with Victoria being the main exception (which uses the OHS Act 2004).
Who does WHS legislation apply to?
WHS legislation applies to any PCBU operating in Australia — including companies, sole traders, partnerships, government agencies, and not-for-profits of any size. Officers and Workers also have their own distinct duties under the Act.
What is a PCBU under the WHS Act?
A PCBU (Person Conducting a Business or Undertaking) is the primary duty holder under the WHS Act. The PCBU must ensure, so far as is reasonably practicable, the health and safety of all workers and other persons affected by the work.
What does "reasonably practicable" mean in WHS law?
Reasonably practicable means what can reasonably be done, weighing the likelihood and severity of harm against the cost and feasibility of available controls. Cost is the last factor considered, and a duty holder must show costs are grossly disproportionate to the risk to justify not acting.
What are the penalties for breaching WHS legislation?
Penalties depend on the category of breach. Category 1 (reckless conduct) can result in up to $3 million for a body corporate and 5 years imprisonment for an individual. Some jurisdictions also have industrial manslaughter offences with corporate fines up to $18 million.
How to meet your WHS obligations as a PCBU
Need to document your WHS system? Browse our policies and procedures and management systems.