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WHS guide

WHS

What does the WHS Act require of a construction contractor?

The WHS Act is the state law that sets the safety duties on a construction site, and the WHS Regulation under it sets the detail. Victoria runs its own OHS Act instead. On a job it comes down to three things: notify a notifiable incident, prepare a SWMS before high risk construction work, and keep the records.

The three duties that come up on every job

  1. Notifiable incidents. Notify the regulator immediately after becoming aware of a notifiable incident (s 38(1)-(3) in New South Wales; every state's section is in the chapter table). If the regulator asks, written notice follows within 48 hours. The record is kept 5 years.
  2. Safe work method statements. Ensure a safe work method statement is prepared for high risk construction work before the work starts (s 299(1)). On a construction project, give the principal contractor a copy of the safe work method statement before high risk construction work on a construction project starts (s 301). Then keep a copy of the safe work method statement until the high risk construction work it covers is complete (s 303(1), (3), (4)).
  3. High risk work licences. The worker holds the licence. The contractor's duty is the one in s 85: Section 85 says a person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work for which a licence is required unless they see written evidence from the worker that the worker holds the relevant licence.

Every state's Act and Regulation

Each link opens the duties the library holds for that instrument, section by section. Where the library holds no Regulation for a state, the table says so.

StateActRegulationHigh risk work licence
QueenslandWHS Act QldWHS Regulation QldHigh risk work licence Qld
New South WalesWHS Act NSWWHS Regulation NSWHigh risk work licence NSW
VictoriaOHS Act VicOHS Regulations Vicnot held in the library
Western AustraliaWHS Act WAnot held in the librarynot held in the library
South AustraliaWHS Act SAWHS Regulation SAnot held in the library
TasmaniaWHS Act Tasnot held in the librarynot held in the library
Australian Capital TerritoryWHS Act ACTWHS Regulation ACTnot held in the library
Northern TerritoryWHS Act NTnot held in the librarynot held in the library
New Zealand
New ZealandHealth and Safety at Work Act 2015not held in the librarynot held in the library

In this guide

Where the states differ

The harmonised Acts share their section numbers, but not every word. These are the differences the library records, quoted from its notes on each row.

  • VictoriaVictoria is not harmonised: no notice is needed where the notifier is the only person harmed (s 38(2)), and the 48-hour written record is required every time, not only on request.
  • Western AustraliaWA widens serious injury (s 36(1)(d), (e)): an injury in a remote location needing urgent transfer, or one a doctor expects to keep the worker from normal work for 10 days or more.
  • Australian Capital TerritoryThe ACT widens the model: a sexual assault incident, a serious fall and mobile plant incidents are notifiable, evidence must be preserved with the site, and the s 38 and s 39 duty holders must each tell the other immediately (s 39A).
  • New South WalesBinds the principal contractor for a construction project (provision 292 - construction work costing $250,000 or more).
  • South AustraliaBinds the principal contractor for a construction project, which r 292 defines as construction work costing $450,000 or more (the model sets $250,000).
  • QueenslandQueensland adds r 299(4): where the work risks a fall of more than 2m and the only controls are administrative controls or personal protective equipment, the statement must describe every control measure considered.

Where each duty is held

Every duty here sits in the library against the register that holds its fact: the safety incident register for a notifiable incident, the compliance documents register for a SWMS, the ticket register for a licence. A duty the library does not hold, you can add to any job.

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.

Common questions

What is the WHS Act?

The WHS Act is the state law that sets the safety duties on a construction site, and the WHS Regulation under it sets the detail. Victoria runs its own OHS Act instead. On a job it comes down to three things: notify a notifiable incident, prepare a SWMS before high risk construction work, and keep the records.

What is the WHS Act called in each state?

Queensland: Work Health and Safety Act 2011 (Qld). New South Wales: Work Health and Safety Act 2011 (NSW). Victoria: Occupational Health and Safety Act 2004 (Vic). Western Australia: Work Health and Safety Act 2020 (WA). South Australia: Work Health and Safety Act 2012 (SA). Tasmania: Work Health and Safety Act 2012 (Tas). Australian Capital Territory: Work Health and Safety Act 2011 (ACT). Northern Territory: Work Health and Safety (National Uniform Legislation) Act 2011 (NT). New Zealand: Health and Safety at Work Act 2015.

Is the WHS Act the same in every state?

Close, but not the same. What the library records: Victoria is not harmonised: no notice is needed where the notifier is the only person harmed (s 38(2)), and the 48-hour written record is required every time, not only on request. WA widens serious injury (s 36(1)(d), (e)): an injury in a remote location needing urgent transfer, or one a doctor expects to keep the worker from normal work for 10 days or more. The ACT widens the model: a sexual assault incident, a serious fall and mobile plant incidents are notifiable, evidence must be preserved with the site, and the s 38 and s 39 duty holders must each tell the other immediately (s 39A).

When must a notifiable incident be reported?

Queensland (s 38(1)-(3)), New South Wales (s 38(1)-(3)), Western Australia (s 38(1)-(3)), South Australia (s 38(1)-(3)), Tasmania (s 38(1)-(3)), Australian Capital Territory (s 38(1)-(3)) and Northern Territory (s 38(1)-(3)): Notify the regulator immediately after becoming aware of a notifiable incident. Victoria (s 38(1), (2)): Notify WorkSafe immediately after becoming aware of a notifiable incident. New Zealand (s 56(1)): Notify WorkSafe NZ as soon as possible after becoming aware of a notifiable event.

Does Demiton hold every WHS duty?

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.