Skip to content
Demiton
Demiton
WHS guide
WHS / By state

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 68 WHS duties across 9 jurisdictions, New Zealand included, each with its section. It holds no WHS Regulation yet for Western Australia, Tasmania, Northern Territory and New Zealand, so those rows stop at the Act.

The instruments

StateInstrumentVersion heldWHS duties held
QueenslandWork Health and Safety Regulation 2011 (Qld), Part 4.5 Division 1 (Licensing of high risk work)High risk work licence QldCurrent as at 29 March 20262
Work Health and Safety Act 2011 (Qld)WHS Act QldIn force version published 3 August 20263
Work Health and Safety Regulation 2011 (Qld)WHS Regulation Qldnot recorded8
New South WalesWork Health and Safety Regulation 2025 (NSW), Part 4.5 Division 1 (Licensing of high risk work)High risk work licence NSWWork Health and Safety Regulation 2025 (2025-440)2
Work Health and Safety Act 2011 (NSW)WHS Act NSWCurrent version, published 20 July 20263
Work Health and Safety Regulation 2025 (NSW)WHS Regulation NSWcommenced 22 August 20258
VictoriaOccupational Health and Safety Act 2004 (Vic)OHS Act VicAuthorised Version No. 045, as at 6 August 20253
Occupational Health and Safety Regulations 2017 (Vic)OHS Regulations VicAuthorised Version No. 017, incorporating amendments as at 29 July 20264
Western AustraliaWork Health and Safety Act 2020 (WA)WHS Act WAOfficial version as at 28 May 20263
South AustraliaWork Health and Safety Act 2012 (SA)WHS Act SAVersion 1.7.2025 (amendments not yet commenced were not read)3
Work Health and Safety Regulations 2012 (SA)WHS Regulation SAnot recorded8
TasmaniaWork Health and Safety Act 2012 (Tas)WHS Act TasCurrent version, published 16 September 20253
Australian Capital TerritoryWork Health and Safety Act 2011 (ACT)WHS Act ACTRepublication No 30, effective 26 November 20253
Work Health and Safety Regulation 2011 (ACT)WHS Regulation ACTnot recorded8
Northern TerritoryWork Health and Safety (National Uniform Legislation) Act 2011 (NT)WHS Act NTReprint REPW025, as in force at 1 February 2020 (listed as current)3
New ZealandHealth and Safety at Work Act 2015Health and Safety at Work Act 2015Version as at 5 April 20254

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.

StateInstrumentDutyWindow and sectionIf missed
QueenslandHigh risk work licence QldHold the current licence, ticket or assessed competency that the plant or the task requires before operating itnone sets 81an offenceLapsed compliance
High risk work licence QldKeep the licence or competency assessment current and available to show on request, including renewal before it expiresnone sets 85an offenceLapsed compliance
WHS Act QldNotify the regulator immediately after becoming aware of a notifiable incidentnone sets 38(1)-(3)an offenceLapsed compliance
WHS Act QldGive written notice of a notifiable incident within 48 hours when the regulator requires it48 hourss 38(4)an offenceLapsed compliance
WHS Act QldKeep a record of each notifiable incident for at least 5 years from the day notice is given5 yearss 38(7)an offenceLapsed compliance
WHS Regulation QldKeep the underground services records for 24 months24 monthsr 304(2), (6)an offenceLapsed compliance
WHS Regulation QldEnsure a safe work method statement is prepared for high risk construction work before the work startsnone setr 299(1)an offenceLapsed compliance
WHS Regulation QldPut arrangements in place so high risk construction work is done in accordance with its safe work method statement, and stop work that is notnone setr 300(1)-(2)an offenceLapsed compliance
WHS Regulation QldGive the principal contractor a copy of the safe work method statement before high risk construction work on a construction project startsnone setr 301an offenceLapsed compliance
WHS Regulation QldReview the safe work method statement, and revise it as necessary, when the relevant control measures are revisednone setr 302an offenceLapsed compliance
WHS Regulation QldKeep a copy of the safe work method statement until the high risk construction work it covers is completenone setr 303(1), (3), (4)an offenceLapsed compliance
WHS Regulation QldKeep the safe work method statement for at least 2 years after a notifiable incident in connection with the work it covers24 monthsr 303(2)an offenceLapsed compliance
WHS Regulation QldAs principal contractor, take all reasonable steps to obtain a copy of the safe work method statement before high risk construction work on the project startsnone setr 312an offenceLapsed compliance
New South WalesHigh risk work licence NSWHold the current licence, ticket or assessed competency that the plant or the task requires before operating itnone sets 81an offenceLapsed compliance
High risk work licence NSWKeep the licence or competency assessment current and available to show on request, including renewal before it expiresnone sets 85an offenceLapsed compliance
WHS Act NSWNotify the regulator immediately after becoming aware of a notifiable incidentnone sets 38(1)-(3)an offenceLapsed compliance
WHS Act NSWGive written notice of a notifiable incident within 48 hours when the regulator requires it48 hourss 38(4)an offenceLapsed compliance
WHS Act NSWKeep a record of each notifiable incident for at least 5 years from the day notice is given5 yearss 38(7)an offenceLapsed compliance
WHS Regulation NSWKeep the underground services records for 24 months24 monthss 304(2), (6)an offenceLapsed compliance
WHS Regulation NSWEnsure a safe work method statement is prepared for high risk construction work before the work startsnone sets 299(1)an offenceLapsed compliance
WHS Regulation NSWPut arrangements in place so high risk construction work is done in accordance with its safe work method statement, and stop work that is notnone sets 300(1)-(2)an offenceLapsed compliance
WHS Regulation NSWGive the principal contractor a copy of the safe work method statement before high risk construction work on a construction project startsnone sets 301an offenceLapsed compliance
WHS Regulation NSWReview the safe work method statement, and revise it as necessary, when the relevant control measures are revisednone sets 302an offenceLapsed compliance
WHS Regulation NSWKeep a copy of the safe work method statement until the high risk construction work it covers is completenone sets 303(1), (3), (4)an offenceLapsed compliance
WHS Regulation NSWKeep the safe work method statement for at least 2 years after a notifiable incident in connection with the work it covers24 monthss 303(2)an offenceLapsed compliance
WHS Regulation NSWAs principal contractor, take all reasonable steps to obtain a copy of the safe work method statement before high risk construction work on the project startsnone sets 312an offenceLapsed compliance
VictoriaOHS Act VicNotify WorkSafe immediately after becoming aware of a notifiable incidentnone sets 38(1), (2)an offenceLapsed compliance
OHS Act VicGive WorkSafe a written record of a notifiable incident within 48 hours48 hourss 38(3)an offenceLapsed compliance
OHS Act VicKeep a copy of each notifiable incident record for at least 5 years5 yearss 38(4)an offenceLapsed compliance
OHS Regulations VicPrepare a safe work method statement before starting high risk construction work that poses a risk to anyone's health or safetynone setr 327(1)(a)an offenceLapsed compliance
OHS Regulations VicPerform high risk construction work in accordance with its safe work method statement, and stop work that is notnone setr 327(1)(b), (2)an offenceLapsed compliance
OHS Regulations VicReview the safe work method statement, and revise it as necessary, whenever the work changes or its controls are not controlling the risksnone setr 328an offenceLapsed compliance
OHS Regulations VicKeep a copy of the safe work method statement for the duration of the high risk construction worknone setr 329an offenceLapsed compliance
Western AustraliaWHS Act WANotify the regulator immediately after becoming aware of a notifiable incidentnone sets 38(1)-(3)an offenceLapsed compliance
WHS Act WAGive written notice of a notifiable incident within 48 hours when the regulator requires it48 hourss 38(4)an offenceLapsed compliance
WHS Act WAKeep a record of each notifiable incident for at least 5 years from the day notice is given5 yearss 38(7)an offenceLapsed compliance
South AustraliaWHS Act SANotify the regulator immediately after becoming aware of a notifiable incidentnone sets 38(1)-(3)an offenceLapsed compliance
WHS Act SAGive written notice of a notifiable incident within 48 hours when the regulator requires it48 hourss 38(4)an offenceLapsed compliance
WHS Act SAKeep a record of each notifiable incident for at least 5 years from the day notice is given5 yearss 38(7)an offenceLapsed compliance
WHS Regulation SAKeep the underground services records for 24 months24 monthsr 304(2), (6)an offenceLapsed compliance
WHS Regulation SAEnsure a safe work method statement is prepared for high risk construction work before the work startsnone setr 299(1)an offenceLapsed compliance
WHS Regulation SAPut arrangements in place so high risk construction work is done in accordance with its safe work method statement, and stop work that is notnone setr 300(1)-(2)an offenceLapsed compliance
WHS Regulation SAGive the principal contractor a copy of the safe work method statement before high risk construction work on a construction project startsnone setr 301an offenceLapsed compliance
WHS Regulation SAReview the safe work method statement, and revise it as necessary, when the relevant control measures are revisednone setr 302an offenceLapsed compliance
WHS Regulation SAKeep a copy of the safe work method statement until the high risk construction work it covers is completenone setr 303(1), (3), (4)an offenceLapsed compliance
WHS Regulation SAKeep the safe work method statement for at least 2 years after a notifiable incident in connection with the work it covers24 monthsr 303(2)an offenceLapsed compliance
WHS Regulation SAAs principal contractor, take all reasonable steps to obtain a copy of the safe work method statement before high risk construction work on the project startsnone setr 312an offenceLapsed compliance
TasmaniaWHS Act TasNotify the regulator immediately after becoming aware of a notifiable incidentnone sets 38(1)-(3)an offenceLapsed compliance
WHS Act TasGive written notice of a notifiable incident within 48 hours when the regulator requires it48 hourss 38(4)an offenceLapsed compliance
WHS Act TasKeep a record of each notifiable incident for at least 5 years from the day notice is given5 yearss 38(7)an offenceLapsed compliance
Australian Capital TerritoryWHS Act ACTNotify the regulator immediately after becoming aware of a notifiable incidentnone sets 38(1)-(3)an offenceLapsed compliance
WHS Act ACTGive written notice of a notifiable incident within 48 hours when the regulator requires it48 hourss 38(4)an offenceLapsed compliance
WHS Act ACTKeep a record of each notifiable incident for at least 5 years from the day notice is given5 yearss 38(7)an offenceLapsed compliance
WHS Regulation ACTKeep the underground services records for 24 months24 monthsr 304(2), (6)an offenceLapsed compliance
WHS Regulation ACTEnsure a safe work method statement is prepared for high risk construction work before the work startsnone setr 299(1)an offenceLapsed compliance
WHS Regulation ACTPut arrangements in place so high risk construction work is done in accordance with its safe work method statement, and stop work that is notnone setr 300(1)-(2)an offenceLapsed compliance
WHS Regulation ACTGive the principal contractor a copy of the safe work method statement before high risk construction work on a construction project startsnone setr 301an offenceLapsed compliance
WHS Regulation ACTReview the safe work method statement, and revise it as necessary, when the relevant control measures are revisednone setr 302an offenceLapsed compliance
WHS Regulation ACTKeep a copy of the safe work method statement until the high risk construction work it covers is completenone setr 303(1), (3), (4)an offenceLapsed compliance
WHS Regulation ACTKeep the safe work method statement for at least 2 years after a notifiable incident in connection with the work it covers24 monthsr 303(2)an offenceLapsed compliance
WHS Regulation ACTAs principal contractor, take all reasonable steps to obtain a copy of the safe work method statement before high risk construction work on the project startsnone setr 312an offenceLapsed compliance
Northern TerritoryWHS Act NTNotify the regulator immediately after becoming aware of a notifiable incidentnone sets 38(1)-(3)an offenceLapsed compliance
WHS Act NTGive written notice of a notifiable incident within 48 hours when the regulator requires it48 hourss 38(4)an offenceLapsed compliance
WHS Act NTKeep a record of each notifiable incident for at least 5 years from the day notice is given5 yearss 38(7)an offenceLapsed compliance
New ZealandHealth and Safety at Work Act 2015Notify WorkSafe NZ as soon as possible after becoming aware of a notifiable eventnone sets 56(1)an offenceLapsed compliance
Health and Safety at Work Act 2015Give written notice of a notifiable event within 48 hours when the regulator requires it48 hourss 56(3)(b)an offenceLapsed compliance
Health and Safety at Work Act 2015Keep a record of each notifiable event for at least 5 years from the day notice is given5 yearss 57(1)an offenceLapsed compliance
Health and Safety at Work Act 2015Give WorkSafe NZ written notice at least 24 hours before starting notifiable work24 hoursreg 26a breach of contractLapsed 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.

Common questions

Which WHS instruments does the library hold for each state?

Queensland: Work Health and Safety Regulation 2011 (Qld), Part 4.5 Division 1 (Licensing of high risk work); Work Health and Safety Act 2011 (Qld); Work Health and Safety Regulation 2011 (Qld). New South Wales: Work Health and Safety Regulation 2025 (NSW), Part 4.5 Division 1 (Licensing of high risk work); Work Health and Safety Act 2011 (NSW); Work Health and Safety Regulation 2025 (NSW). Victoria: Occupational Health and Safety Act 2004 (Vic); Occupational Health and Safety Regulations 2017 (Vic). Western Australia: Work Health and Safety Act 2020 (WA). South Australia: Work Health and Safety Act 2012 (SA); Work Health and Safety Regulations 2012 (SA). Tasmania: Work Health and Safety Act 2012 (Tas). Australian Capital Territory: Work Health and Safety Act 2011 (ACT); Work Health and Safety Regulation 2011 (ACT). Northern Territory: Work Health and Safety (National Uniform Legislation) Act 2011 (NT). New Zealand: Health and Safety at Work Act 2015.

How is Victoria different?

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. Victoria is not harmonised: this binds an employer or self-employed person, and only where the work poses a risk to a person's health or safety.

How is Western Australia different?

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.

How is the ACT different?

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).

How is New Zealand different?

A notifiable event is a death, a notifiable injury or illness (s 23) or a notifiable incident (s 24) - a narrower and differently-worded list than the AU model Act's.