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.
| State | Notifiable incident record | SWMS, during the work | SWMS, after a notifiable incident | Underground services records |
|---|---|---|---|---|
| Queensland | 5 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 Wales | 5 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) |
| Victoria | 5 yearss 38(4) | Keep a copy of the safe work method statement for the duration of the high risk construction workr 329 | not held in the library | not held in the library |
| Western Australia | 5 yearss 38(7) | not held in the library | not held in the library | not held in the library |
| South Australia | 5 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) |
| Tasmania | 5 yearss 38(7) | not held in the library | not held in the library | not held in the library |
| Australian Capital Territory | 5 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 Territory | 5 yearss 38(7) | not held in the library | not held in the library | not held in the library |
| New Zealand | ||||
| New Zealand | 5 yearss 57(1) | not held in the library | not held in the library | not 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.