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WHS guide
WHS / Records

How long must WHS records be kept?

WHS law sets a keeping period for each safety record it requires. The notifiable incident record is kept for 5 years. A SWMS is kept until its work is complete, and for 24 months after a notifiable incident connected with that work. Underground services records are kept for 24 months.

Every keeping period, state by state

Four records, each with its window and section. Where a period runs to the end of the work rather than for a fixed time, the cell gives the duty in full.

StateNotifiable incident recordSWMS, during the workSWMS, after a notifiable incidentUnderground services records
Queensland5 yearss 38(7)Keep a copy of the safe work method statement until the high risk construction work it covers is completer 303(1), (3), (4)24 monthsr 303(2)24 monthsr 304(2), (6)
New South Wales5 yearss 38(7)Keep a copy of the safe work method statement until the high risk construction work it covers is completes 303(1), (3), (4)24 monthss 303(2)24 monthss 304(2), (6)
Victoria5 yearss 38(4)Keep a copy of the safe work method statement for the duration of the high risk construction workr 329not held in the librarynot held in the library
Western Australia5 yearss 38(7)not held in the librarynot held in the librarynot held in the library
South Australia5 yearss 38(7)Keep a copy of the safe work method statement until the high risk construction work it covers is completer 303(1), (3), (4)24 monthsr 303(2)24 monthsr 304(2), (6)
Tasmania5 yearss 38(7)not held in the librarynot held in the librarynot held in the library
Australian Capital Territory5 yearss 38(7)Keep a copy of the safe work method statement until the high risk construction work it covers is completer 303(1), (3), (4)24 monthsr 303(2)24 monthsr 304(2), (6)
Northern Territory5 yearss 38(7)not held in the librarynot held in the librarynot held in the library
New Zealand
New Zealand5 yearss 57(1)not held in the librarynot held in the librarynot held in the library

What the library does not hold

Underground services records: not held in the library for Victoria, Western Australia, Tasmania, Northern Territory and New Zealand. A SWMS after a notifiable incident: not held for Victoria, Western Australia, Tasmania, Northern Territory and New Zealand. For Victoria, the library notes: Victoria has no counterpart to the model's 2 years after a notifiable incident, and no duty on the principal contractor to obtain or receive the statement: the principal contractor's duties are the health and safety co-ordination plan (rr 335 to 337), not recorded here.

When to notify the regulator, and when written notice is due, is on notifiable incidents.

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

How long must a notifiable incident record be kept?

Queensland (s 38(7)), New South Wales (s 38(7)), Victoria (s 38(4)), Western Australia (s 38(7)), South Australia (s 38(7)), Tasmania (s 38(7)), Australian Capital Territory (s 38(7)), Northern Territory (s 38(7)) and New Zealand (s 57(1)): 5 years.

How long must a SWMS be kept?

Queensland (r 303(1), (3), (4)), New South Wales (s 303(1), (3), (4)), South Australia (r 303(1), (3), (4)) and Australian Capital Territory (r 303(1), (3), (4)): Keep a copy of the safe work method statement until the high risk construction work it covers is complete. Victoria (r 329): Keep a copy of the safe work method statement for the duration of the high risk construction work. Not held in the library for Western Australia, Tasmania, Northern Territory and New Zealand. Queensland (r 303(2)), New South Wales (s 303(2)), South Australia (r 303(2)) and Australian Capital Territory (r 303(2)): Keep the safe work method statement for at least 2 years after a notifiable incident in connection with the work it covers. Not held in the library for Victoria, Western Australia, Tasmania, Northern Territory and New Zealand.

How long must underground services records be kept?

Queensland (r 304(2), (6)), New South Wales (s 304(2), (6)), South Australia (r 304(2), (6)) and Australian Capital Territory (r 304(2), (6)): Keep the underground services records for 24 months. Not held in the library for Victoria, Western Australia, Tasmania, Northern Territory and New Zealand.

Does Victoria keep a SWMS after an incident?

Victoria has no counterpart to the model's 2 years after a notifiable incident, and no duty on the principal contractor to obtain or receive the statement: the principal contractor's duties are the health and safety co-ordination plan (rr 335 to 337), not recorded here.