How do the WHS Acts differ from state to state?
Each state and territory has its own WHS Act, and Victoria an OHS Act. The library holds 64 WHS duties across 8 jurisdictions, each with its section. It holds no WHS Regulation yet for Western Australia, Tasmania and Northern Territory, so those rows stop at the Act.
The instruments
| State | Instrument | Version held | WHS duties held |
|---|---|---|---|
| Queensland | Work Health and Safety Regulation 2011 (Qld), Part 4.5 Division 1 (Licensing of high risk work)High risk work licence Qld | Current as at 29 March 2026 | 2 |
| Work Health and Safety Act 2011 (Qld)WHS Act Qld | In force version published 3 August 2026 | 3 | |
| Work Health and Safety Regulation 2011 (Qld)WHS Regulation Qld 2011 | not recorded | 8 | |
| New South Wales | Work Health and Safety Regulation 2025 (NSW), Part 4.5 Division 1 (Licensing of high risk work)High risk work licence NSW | Work Health and Safety Regulation 2025 (2025-440) | 2 |
| Work Health and Safety Act 2011 (NSW)WHS Act NSW | Current version, published 20 July 2026 | 3 | |
| Work Health and Safety Regulation 2025 (NSW)WHS Regulation NSW 2025 | commenced 22 August 2025 | 8 | |
| Victoria | Occupational Health and Safety Act 2004 (Vic)OHS Act Vic | Authorised Version No. 045, as at 6 August 2025 | 3 |
| Occupational Health and Safety Regulations 2017 (Vic)OHS Regulations Vic 2017 | Authorised Version No. 017, incorporating amendments as at 29 July 2026 | 4 | |
| Western Australia | Work Health and Safety Act 2020 (WA)WHS Act WA | Official version as at 28 May 2026 | 3 |
| South Australia | Work Health and Safety Act 2012 (SA)WHS Act SA | Version 1.7.2025 (amendments not yet commenced were not read) | 3 |
| Work Health and Safety Regulations 2012 (SA)WHS Regulation SA 2012 | not recorded | 8 | |
| Tasmania | Work Health and Safety Act 2012 (Tas)WHS Act Tas | Current version, published 16 September 2025 | 3 |
| Australian Capital Territory | Work Health and Safety Act 2011 (ACT)WHS Act ACT | Republication No 30, effective 26 November 2025 | 3 |
| Work Health and Safety Regulation 2011 (ACT)WHS Regulation ACT 2011 | not recorded | 8 | |
| Northern Territory | Work Health and Safety (National Uniform Legislation) Act 2011 (NT)WHS Act NT | Reprint REPW025, as in force at 1 February 2020 (listed as current) | 3 |
Every duty, state by state
Each row is one duty from that jurisdiction's own instrument: what it says, its window and section, and what the library records as the cost of missing it.
| State | Instrument | Duty | Window and section | If missed |
|---|---|---|---|---|
| Queensland | High risk work licence Qld | Hold the current licence, ticket or assessed competency that the plant or the task requires before operating it | none sets 81 | an offenceLapsed compliance |
| High risk work licence Qld | Keep the licence or competency assessment current and available to show on request, including renewal before it expires | none sets 85 | an offenceLapsed compliance | |
| WHS Act Qld | Notify the regulator immediately after becoming aware of a notifiable incident | none sets 38(1)-(3) | an offenceLapsed compliance | |
| WHS Act Qld | Give written notice of a notifiable incident within 48 hours when the regulator requires it | 48 hourss 38(4) | an offenceLapsed compliance | |
| WHS Act Qld | Keep a record of each notifiable incident for at least 5 years from the day notice is given | 5 yearss 38(7) | an offenceLapsed compliance | |
| WHS Regulation Qld 2011 | Keep the underground services records for 24 months | 24 monthsr 304(2), (6) | an offenceLapsed compliance | |
| WHS Regulation Qld 2011 | Ensure a safe work method statement is prepared for high risk construction work before the work starts | none setr 299(1) | an offenceLapsed compliance | |
| WHS Regulation Qld 2011 | Put arrangements in place so high risk construction work is done in accordance with its safe work method statement, and stop work that is not | none setr 300(1)-(2) | an offenceLapsed compliance | |
| WHS Regulation Qld 2011 | Give the principal contractor a copy of the safe work method statement before high risk construction work on a construction project starts | none setr 301 | an offenceLapsed compliance | |
| WHS Regulation Qld 2011 | Review the safe work method statement, and revise it as necessary, when the relevant control measures are revised | none setr 302 | an offenceLapsed compliance | |
| WHS Regulation Qld 2011 | Keep a copy of the safe work method statement until the high risk construction work it covers is complete | none setr 303(1), (3), (4) | an offenceLapsed compliance | |
| WHS Regulation Qld 2011 | Keep the safe work method statement for at least 2 years after a notifiable incident in connection with the work it covers | 24 monthsr 303(2) | an offenceLapsed compliance | |
| WHS Regulation Qld 2011 | As principal contractor, take all reasonable steps to obtain a copy of the safe work method statement before high risk construction work on the project starts | none setr 312 | an offenceLapsed compliance | |
| New South Wales | High risk work licence NSW | Hold the current licence, ticket or assessed competency that the plant or the task requires before operating it | none sets 81 | an offenceLapsed compliance |
| High risk work licence NSW | Keep the licence or competency assessment current and available to show on request, including renewal before it expires | none sets 85 | an offenceLapsed compliance | |
| WHS Act NSW | Notify the regulator immediately after becoming aware of a notifiable incident | none sets 38(1)-(3) | an offenceLapsed compliance | |
| WHS Act NSW | Give written notice of a notifiable incident within 48 hours when the regulator requires it | 48 hourss 38(4) | an offenceLapsed compliance | |
| WHS Act NSW | Keep a record of each notifiable incident for at least 5 years from the day notice is given | 5 yearss 38(7) | an offenceLapsed compliance | |
| WHS Regulation NSW 2025 | Keep the underground services records for 24 months | 24 monthss 304(2), (6) | an offenceLapsed compliance | |
| WHS Regulation NSW 2025 | Ensure a safe work method statement is prepared for high risk construction work before the work starts | none sets 299(1) | an offenceLapsed compliance | |
| WHS Regulation NSW 2025 | Put arrangements in place so high risk construction work is done in accordance with its safe work method statement, and stop work that is not | none sets 300(1)-(2) | an offenceLapsed compliance | |
| WHS Regulation NSW 2025 | Give the principal contractor a copy of the safe work method statement before high risk construction work on a construction project starts | none sets 301 | an offenceLapsed compliance | |
| WHS Regulation NSW 2025 | Review the safe work method statement, and revise it as necessary, when the relevant control measures are revised | none sets 302 | an offenceLapsed compliance | |
| WHS Regulation NSW 2025 | Keep a copy of the safe work method statement until the high risk construction work it covers is complete | none sets 303(1), (3), (4) | an offenceLapsed compliance | |
| WHS Regulation NSW 2025 | Keep the safe work method statement for at least 2 years after a notifiable incident in connection with the work it covers | 24 monthss 303(2) | an offenceLapsed compliance | |
| WHS Regulation NSW 2025 | As principal contractor, take all reasonable steps to obtain a copy of the safe work method statement before high risk construction work on the project starts | none sets 312 | an offenceLapsed compliance | |
| Victoria | OHS Act Vic | Notify WorkSafe immediately after becoming aware of a notifiable incident | none sets 38(1), (2) | an offenceLapsed compliance |
| OHS Act Vic | Give WorkSafe a written record of a notifiable incident within 48 hours | 48 hourss 38(3) | an offenceLapsed compliance | |
| OHS Act Vic | Keep a copy of each notifiable incident record for at least 5 years | 5 yearss 38(4) | an offenceLapsed compliance | |
| OHS Regulations Vic 2017 | Prepare a safe work method statement before starting high risk construction work that poses a risk to anyone's health or safety | none setr 327(1)(a) | an offenceLapsed compliance | |
| OHS Regulations Vic 2017 | Perform high risk construction work in accordance with its safe work method statement, and stop work that is not | none setr 327(1)(b), (2) | an offenceLapsed compliance | |
| OHS Regulations Vic 2017 | Review the safe work method statement, and revise it as necessary, whenever the work changes or its controls are not controlling the risks | none setr 328 | an offenceLapsed compliance | |
| OHS Regulations Vic 2017 | Keep a copy of the safe work method statement for the duration of the high risk construction work | none setr 329 | an offenceLapsed compliance | |
| Western Australia | WHS Act WA | Notify the regulator immediately after becoming aware of a notifiable incident | none sets 38(1)-(3) | an offenceLapsed compliance |
| WHS Act WA | Give written notice of a notifiable incident within 48 hours when the regulator requires it | 48 hourss 38(4) | an offenceLapsed compliance | |
| WHS Act WA | Keep a record of each notifiable incident for at least 5 years from the day notice is given | 5 yearss 38(7) | an offenceLapsed compliance | |
| South Australia | WHS Act SA | Notify the regulator immediately after becoming aware of a notifiable incident | none sets 38(1)-(3) | an offenceLapsed compliance |
| WHS Act SA | Give written notice of a notifiable incident within 48 hours when the regulator requires it | 48 hourss 38(4) | an offenceLapsed compliance | |
| WHS Act SA | Keep a record of each notifiable incident for at least 5 years from the day notice is given | 5 yearss 38(7) | an offenceLapsed compliance | |
| WHS Regulation SA 2012 | Keep the underground services records for 24 months | 24 monthsr 304(2), (6) | an offenceLapsed compliance | |
| WHS Regulation SA 2012 | Ensure a safe work method statement is prepared for high risk construction work before the work starts | none setr 299(1) | an offenceLapsed compliance | |
| WHS Regulation SA 2012 | Put arrangements in place so high risk construction work is done in accordance with its safe work method statement, and stop work that is not | none setr 300(1)-(2) | an offenceLapsed compliance | |
| WHS Regulation SA 2012 | Give the principal contractor a copy of the safe work method statement before high risk construction work on a construction project starts | none setr 301 | an offenceLapsed compliance | |
| WHS Regulation SA 2012 | Review the safe work method statement, and revise it as necessary, when the relevant control measures are revised | none setr 302 | an offenceLapsed compliance | |
| WHS Regulation SA 2012 | Keep a copy of the safe work method statement until the high risk construction work it covers is complete | none setr 303(1), (3), (4) | an offenceLapsed compliance | |
| WHS Regulation SA 2012 | Keep the safe work method statement for at least 2 years after a notifiable incident in connection with the work it covers | 24 monthsr 303(2) | an offenceLapsed compliance | |
| WHS Regulation SA 2012 | As principal contractor, take all reasonable steps to obtain a copy of the safe work method statement before high risk construction work on the project starts | none setr 312 | an offenceLapsed compliance | |
| Tasmania | WHS Act Tas | Notify the regulator immediately after becoming aware of a notifiable incident | none sets 38(1)-(3) | an offenceLapsed compliance |
| WHS Act Tas | Give written notice of a notifiable incident within 48 hours when the regulator requires it | 48 hourss 38(4) | an offenceLapsed compliance | |
| WHS Act Tas | Keep a record of each notifiable incident for at least 5 years from the day notice is given | 5 yearss 38(7) | an offenceLapsed compliance | |
| Australian Capital Territory | WHS Act ACT | Notify the regulator immediately after becoming aware of a notifiable incident | none sets 38(1)-(3) | an offenceLapsed compliance |
| WHS Act ACT | Give written notice of a notifiable incident within 48 hours when the regulator requires it | 48 hourss 38(4) | an offenceLapsed compliance | |
| WHS Act ACT | Keep a record of each notifiable incident for at least 5 years from the day notice is given | 5 yearss 38(7) | an offenceLapsed compliance | |
| WHS Regulation ACT 2011 | Keep the underground services records for 24 months | 24 monthsr 304(2), (6) | an offenceLapsed compliance | |
| WHS Regulation ACT 2011 | Ensure a safe work method statement is prepared for high risk construction work before the work starts | none setr 299(1) | an offenceLapsed compliance | |
| WHS Regulation ACT 2011 | Put arrangements in place so high risk construction work is done in accordance with its safe work method statement, and stop work that is not | none setr 300(1)-(2) | an offenceLapsed compliance | |
| WHS Regulation ACT 2011 | Give the principal contractor a copy of the safe work method statement before high risk construction work on a construction project starts | none setr 301 | an offenceLapsed compliance | |
| WHS Regulation ACT 2011 | Review the safe work method statement, and revise it as necessary, when the relevant control measures are revised | none setr 302 | an offenceLapsed compliance | |
| WHS Regulation ACT 2011 | Keep a copy of the safe work method statement until the high risk construction work it covers is complete | none setr 303(1), (3), (4) | an offenceLapsed compliance | |
| WHS Regulation ACT 2011 | Keep the safe work method statement for at least 2 years after a notifiable incident in connection with the work it covers | 24 monthsr 303(2) | an offenceLapsed compliance | |
| WHS Regulation ACT 2011 | As principal contractor, take all reasonable steps to obtain a copy of the safe work method statement before high risk construction work on the project starts | none setr 312 | an offenceLapsed compliance | |
| Northern Territory | WHS Act NT | Notify the regulator immediately after becoming aware of a notifiable incident | none sets 38(1)-(3) | an offenceLapsed compliance |
| WHS Act NT | Give written notice of a notifiable incident within 48 hours when the regulator requires it | 48 hourss 38(4) | an offenceLapsed compliance | |
| WHS Act NT | Keep a record of each notifiable incident for at least 5 years from the day notice is given | 5 yearss 38(7) | an offenceLapsed compliance |
The same duties across the states, one topic at a time: notifiable incidents, SWMS, high risk work licences and records.
What this page is, and is not
It is the section text this library holds for each state's WHS law, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Act, the Regulation and the contract you signed.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.
Clauses read from the obligation library, release v19, last checked against the source on .