What two WHS legislations do most states work within

Content last updated 06/07/2022

Table of Contents Show

Work health and safety laws
National guide to work health and safety laws
Plant item registration
Traffic control work clarified
The scope of this statutory review
Public consultation

Work health and safety laws

The purpose of the Work Health and Safety laws (WHS laws) are to protect the health, safety and welfare of employees, volunteers and other persons who are at, or come in to contact with, a workplace.

Different laws exist in each state and territory.

New South Wales, South Australia, Queensland, the Northern Territory, ACT, Tasmania, and now Western Australia have ‘harmonised’ their WHS laws by enacting similar legislation, based on an agreed ‘model’ WHS Act. This means that in most states and territories and at the Commonwealth level, WHS laws impose similar obligations.

In Western Australia, the new Work Health and Safety Act 2020 (WA) came into force on 31 March 2022. This means only Victoria has not harmonised their legislation with the rest of the states and territories.

Victoria has not yet adopted the Model Laws and has retained its own Occupational Health and Safety (OHS) and Occupational Safety and Health (OSH) legislation. See our guide to occupational heath and safety for Victoria.

For Western Australia, see our guide which covers the new regime in Western Australia.

Each jurisdiction has its own regulator to oversee and enforce work health and safety and administer workers' compensation schemes in its state or territory.

National guide to work health and safety laws

Our national guide to 'Community organisations and work health and safety laws' covers:

Community organisations and work health and safety laws

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The content on this webpage was last updated in April 2022 and is not legal advice. See full disclaimer and copyright notice.

In Australia WHS is a State, not a Federal, government responsibility – so WHS compliance is made more complicated because each State and Territory has its own WHS laws.

To deal with this, the Federal government passed the Work Health and Safety Act (Cth) in 2011, with the intention that each State would use it as a model for their own laws, thus harmonising the system across Australia.

In 2012, laws reflecting the Federal legislation were passed by New South Wales, Queensland, South Australia, Tasmania, Australian Capital Territory and Northern Territory. Victoria and Western Australia retain their own systems; however they share the same basic general principles.

Discussion of WHS law in this Manual will be based on the model Federal legislation as enacted by the majority of States. The assumption is made that compliance with the model legislation will generally ensure compliance with Victorian or WA legislation, except where specifically notified.

Each State has the following framework of WHS laws:

(a) an Act, to outline broad responsibilities, duties, offences, process and enforcement measures;

(b) Regulations to set out specific requirements for particular hazards and risks;

(c) Codes of Practice to provide information on specific issues relating to meeting WHS requirements (eg confined spaces, noise); and

(d) establishment of a Regulating Agency to administer the laws, inspect workplaces, provide advice, enforce laws and impose penalties for breaches.

We administer acts and regulations relating to work health and safety (WHS), explosives and the transportation of dangerous goods.

Select the topic below for information and links to each piece of legislation.

We administer, provide advice and monitor and enforce compliance with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2017.

If you are an employer or business (or other PCBU) you must comply with these laws to ensure the health and safety of your workers.

The WHS legislation is supported by our prosecution guidelines, which supplements the National compliance and enforcement policy.

This information is general about the law only, and is not a statement of the law as it is applied to a particular problem or individual.

Seek legal advice if you need assistance on the application of the law to your situation.

We administer, provide advice and monitor and enforce compliance with the Explosives Act 2003 and the Explosives Regulation 2013.

If you manufacture, import, store, transport, supply, handle or use explosives and/or security sensitive dangerous substances you must comply with these laws to ensure the health and safety of your workers and other people.

The Work Health and Safety Act 2011 was amended to include provisions from the Rural Workers Accommodation Act 1969, which was repealed on 1 July 2019.

If you have workers who (due to the nature of the work) need to live for more than 24 hours at or near your agricultural or pastoral premises, you are required to provide suitable accommodation for them.

The Accommodation for rural agricultural work code of practice outlines the requirements regarding accommodation that you must provide.

Together with the NSW Environment and Protection Authority (EPA), we administer, provide advice and monitor and enforce compliance with the Dangerous Goods (Road and Rail Transport) Act 2008. and Dangerous Goods (Road and Rail Transport) Regulation 2014.

If you transport dangerous goods by road and rail, you must comply with these laws to ensure the health and safety of your workers and other people. The EPA is responsible for regulating the transport of dangerous goods and SafeWork NSW is responsible regulating activities in readiness for transport, including the packaging, labelling and correct classification of dangerous goods.

We list amendments, statutory reviews and other changes so you can see when, why and how the legislation changed.

Amendments to the Work Health and Safety Regulation 2017 (WHS Regulation) came into effect on 18 December 2020.

The Work Health and Safety Amendment (GHS Labelling) Regulation 2020 updates the hazardous chemical labelling requirements to the 7th revised edition of the Globally Harmonised System of Classification and Labelling of Chemicals (GHS 7) from the 3rd revised edition (GHS 3).

GHS 7 introduces several changes to classification, labelling and safety data sheet requirements for workplace hazardous chemicals. In addition to these changes, the definition of ‘hazardous chemical’ has been clarified to ensure it captures all Category 2 eye irritants.

A transitional period of two years, from 1 January 2021 to 31 December 2022 has also been introduced. During this period, both GHS 3 and GHS 7 may be used.

This transition will provide businesses with the appropriate time to adjust and implement the changes. From 1 January 2023, the transitional arrangements will allow hazardous chemicals labelled with GHS 3 that were already in the supply chain to continue to be supplied and used by businesses until stock runs out.

For further information visit GHS 7 transition.

The amendments also address outdated references to Australian Safety Standards, updating those relating to pressure equipment and lasers used in the building and construction industry.

Further, the Work Health and Safety Amendment (Digital Induction Training Cards) Regulation 2020 enables the issue, use and cancellation of digital versions of general construction induction training cards.

The Work Health and Safety Amendment (Information Exchange) Act 2020 was passed by Parliament on 22 October 2020 and came into effect on 27 October 2020.

The Act establishes an information-sharing framework between NSW Health and SafeWork NSW for notifications of certain occupational dust diseases and establishes a Dust Diseases Register, which will be kept by SafeWork NSW. SafeWork NSW will publish an annual report on the Dust Diseases Register on its website. The Act also gives NSW Health broad information-sharing powers with NSW WHS regulators, and requires SafeWork NSW to conduct a case-finding study to investigate crystalline silica exposure in the manufactured stone industry.

These changes are intended to give WHS regulators the information they need to address the rise of silicosis in NSW and to protect workers from other occupational dust diseases. For more information see SafeWork’s pages on working safely with crystalline silica and asbestos.

Read the Act.

Amendments to the Work Health and Safety Regulation 2017 (WHS Regulation) came into effect on 7 August 2020.

Plant item registration

The Work Health and Safety Amendment (Miscellaneous) Regulation 2020 (Amendment Regulation) maintains the current registration period of 1 year for items of plant and clarifies the items of plant that are required to be registered.

For further information on plant item registration, see the WHS Regulation and SafeWork NSW’s Plant Item Registration page.

Traffic control work clarified

The Amendment Regulation clarifies that traffic control work includes directing traffic in accordance with a work zone traffic management plan and is not limited to using a stop/slow bat or boom gate.

Penalties

It also allows for the following existing offences to be dealt with by way of a penalty notice.

failing to minimise the risk of an object falling on a person by providing adequate protections against the risk,
failing to take certain actions in connection with the use of scaffold at a workplace.

See Schedule 18A of the WHS Regulation for further information.

Sections	Penalty unit	Penalty for financial year 2021-22	New penalty for financial year 2022-23
31(1) and 32	3465	$356,721 3465 penalty units x $102.95 (penalty unit value for 2021-22)	$372,383 3465 penalty units x $107.47 (penalty unit value for 2022-23)
31(1)	6925	$712,928	$744,229
31(1)	34,630	$3,565,158	$3,721,686
32	1730	$178,103	$185,923
32	17315	$1,782,579	$1,860,843
33, 38(1), 39(1), 41, 52(5), 56(2) 61(4), 70(1) and (2), 72(7), 72(7), 79(1), (3) and (4), 99(2), 118(3), 143, 144(1), 145, 146, 147 (1), 148, 155(5), 165(2), 171(6), 177(2) and (6), 188, 190, 193, 200(1), 219, 242(1) and (2), and 271(2) and (4)	575	$59,196	$61,795
33, 42(1) and (2), 43(1) and (2), 44(1) and (2), 44(1) and (2), 45, 46, 47(1), 104(1), 107, 108(1), 109(1), and 197	1155	$118,907	$124,127
33, 104(1), 107, 108(1), 109(1), 197	5770	$594,021	$620,101
38(1), 39(1), 52(5), 53(1) and (2), 56(2), 57(1) and (2), 61(4), 70(1) and (2), 71(2), 72(7), 74(1), 79(1), (3), and (4), 118(2), 123, 124, 125, 126, 128, 129, 143, 144(1), 145, 146, 147(1), 148, 155(5), 165(2), 171(6), 172(2) and (6), 185(4), 188, 189, 268 (1) and (2), and 271 (2) and (4)	115	$11,839	$12,359
38(7), 75(1), 97(1) and (2), 150, 210(1) and (2) and 273	60	$6,177	$6,448
38(7), 75(1), 97(1) and (2), 150, 210(1) and (2), 273	290	$29,856	$31,166
41, 99(2), 190, 193, 200(1), 219 and 242(1)	2885	$297,010	$310,050
42(1) and (2), 43(1) and (2), 44(1) and (2), 45, 46 and 47(1)	230	$23,678	$24,718
53 (1) and (2), 57 (1) and (2), 74 (1) and 149(1)	25	$2,573	$2,686
272A	250	$25,737	$26,867
272A; 272B(1)	1250	$128,687	$134,337
272A	500	$51,475	$53,735
272A	2500	$257,375	$268,675

Penalty amounts from 2019-20 to 2020-21

Sections	Penalty Unit	Penalty for financial year 2021-22	New penalty for financial year 2022-23
39(2) and (3), 40, 41(1) and (2), 42(1) and (2), 43(1) (2) and (4); 44(2) and (4); 45; 48(2); 49; 50(1) and (2), 53(1); 55(2), 57(2), 58(2), 59(1), (2), (3), (4), (5) and (6); 61 (1-8) ; 64(2); 65; 66(3); 67(1) and (4); 69; 71(1) and (2); 72(1) and (2); 73; 74(1), (2), and (3); 75(2) and (3); 76(1) and (2); 77(2), (3) and (4); 78(3) and (4); 79(2), 80(2), (3) and (4); 84(1); 85(4); 94(1); 96; 97; 98(1); 111; 124(1) and (2); 125(1); 126; 127(1); 139; 142(1); 150(3); 154; 155(1) and (2); 156; 157(1); 158(1); 159; 160; 161(1) and (2); 162(2), (3) and (5); 163(1); 164(2); 165(2); 166(1) and (2); 168(1) and (2); 170; 175(1) (2) and (3); 176(3); 177; 178(1); 179(1) and (2); 180; 181(2), (3) and (4); 182(2), (3) and (5); 183; 189(2), (4), (5) and (6); 190 (1) and (2); 191(1) and (2); 192(2); 193(1); 194(1) and (2); 197; 199(1) and (2); 201(2); 202(2); 204(1)(2) (3) (4) and (5); 205; 206(1)(2) and (3); 207; 208(2)(3) (4) and (5); 209; 210(1) and (2); 211(1) and (2); 212(2); 215(2)(3)(4) and (5); 216(1); 218(1)(2) and (3); 219(2)(3) (4) (5)(6) and (7); 222(2)(3); 223(2)(3)(4)(5) and (6); 225(2)(3)(4) and (5); 226(1)(3) and (4); 228; 229 (1) and (2); 230(1)(2) and (3); 231, 232; 233; 234(2); 237(2)(4) and (5); 238(1) and (2); 240(1); 241(1); 242(1) and (2); 260(3)(4) and (5); 262(1); 273(3) and (4); 275(1); 282(1); 287; 288(1); 288D; 299(1); 300(1) and (2); 303(1) (2) and (4); 304(5); 306(1) and (3); 309(1); 313(1) (2) and (4); 314; 326(1) and (2); 329; 330(1)(3) and (4); 331(2); 332(2); 333; 334; 335(1); 339(1) and (3); 340(1)(2)(3) and (4); 341(1); 342(1)(2) and (3); 343; 344(1); 345; 346(1); 347(1); 348(1)(4) and (6); 349(1); 350(1); 352; 353(2); 354(1) and (3); 355; 356(1) and (2); 357(1)(2) and (3); 358; 359(1)(2) and (3); 360; 361(2) and (3); 363(2); 363(1) and (2); 364; 365(2) and (3); 366(2) and (3); 367(3); 368; 370; 371; 374(1); 375; 376; 377; 378(1) and (2); 379(1); 389(1) and (2); 390(2) and (3); 391(2) and (3); 395(1) and (2); 396; 397(1) and (2); 398(1); 399(1) and (2); 400(1)(2) and (3); 402(1); 404(1) and (2); 405(1) and (2); 406; 407(1)(2) and (5); 408(1) and (2); 411(1); 412; 413; 414; 415(1); 416(2) and (3); 417(2) and (3); 418(1) and (2); 419(1); 420(2); 422(1); 423(2); 424; 429(2) and (3); 432(2) and (3); 434; 435(1) and (3); 436; 437(1) and (2); 440(1); 441; 442; 443; 444(1) and (2); 445(1)(3) and (4); 449; 450; 451(2) and (3); 452(3); 453(1); 456(3); 457; 458(1) and (3); 459; 460(1) and (2); 461(1) and (2); 462; 463(1); 464(1); 467(2) and (3); 468(2) and (3); 469; 470(2) and (5); 471(1) and (2); 472(1)(2) and (3); 473(2); 474(2)(3) and (4); 475(1)(2)(4) (5) and (6); 476(1) and (2); 477(1)(2)(4)(5) and (6); 479(1); 480; 481; 482(1) and (2); 483(1) and (2); 484(1)(2) and (3); 505(1); 506(1); 507(1); 512; 513(1); 525; 536(1); 554(1) and (3); 555(1) and (4); 556(2); 557(1)(5)(6) and (7); 558(1) and (2); 559(1); 564(1) and (3); 565; 566; 567(1)(2) and (3); 568(1); 569(1); 571; 572(1) and (4); 573(1); 574(1) and (2); 575(1) and (2); 587(1); 588; 593; 594; 607;	70	$7,206 70 penalty units x $102.95 (penalty unit value for 2021-22)	$7,522 70 penalty units x $107.47 (penalty unit value for 2021-22)
39(2) and (3); 40; 41(1) and (2); 42(1) and (2); 43(1)(2) and (3); 44(2) and (4); 45; 48(2); 49; 50(1); 53(1); 55(2); 57(2); 58(2); 59(1)(2)(3)(4)(5) and (6); 61(1-8); 65; 67(1) and (4); 69; 71(1) and (2); 72(1) and (2); 73; 74(1), (2), and (3); 75(2) and (3); 76(1); 78(3) and (4); 79(2); 80(2), (3) and (4); 84(1); 154; 155(1) and (2); 156; 157(1); 158(1); 159; 160; 161(1) and (2); 163(1); 164(2); 166(1) and (2); 168(1) and (2); 177; 178(1); 179(1) and (2); 183; 189(2),(3)(4)(5) and(6); 190(1) and (2); 191(1) and(2); 192(2); 193(1); 194(1) and (2); 197; 199(1) and (2); 201(2); 202(2); 204(1)(2) (3) (4) and (5); 205; 206(1)(2) and (3); 207; 208(2)(3) (4) and (5); 209; 210(1) and (2); 211(1) and (2); 212(2); 215(2)(3)(4) and (5); 216(1); 218(1) (2) and (3); 219(2) (3) (4) (5) (6) and (7); 222(2) and (3); 223(2)(3)(4)(5) and (6); 225(2)(3)(4) and (5); 231; 232; 233; 234(2); 238(1) and (2); 240(1); 241(1); 299(1); 300(1) and (2); 306(1) and (3); 309(1); 314; 329; 330(1)(3) and (4); 331(2); 332(2); 333; 334; 335(1); 339(1) and (3); 340(1) and (2); 341(1); 342(1)(2) and (3); 343; 344(1); 345; 346(1); 347(1); 348(1)(4) and (6); 349(1); 350(1); 352; 353(2); 354(1) and (3); 355; 356(1) and (2); 357(1)(2) and (3); 358; 359(1)(2) and (3); 360; 361(2) and (3); 362(2); 363(2); 363(1) and (2); 365(2) and (3); 366(2) and (3); 367(3); 368; 370; 371(1); 374(1); 375; 376; 377; 379(1); 389(1) and (2); 391(2); 395(1) and (2); 396; 397(1) and (2); 398(1); 399(1) and (2); 400(1)(2) and (3); 402(1); 405(1) and (2); 406; 407(1)(2) and (5); 408(1) and (2); 411(1); 412; 413; 414; 415(1); 416(2) and (3); 417(2) and (3); 419(1); 420(2); 422(1); 424; 429(2) and (3); 432(2) and (3); 434; 435(1) and (3); 436; 437(1) and (2); 440(1); 441; 442; 443; 445(1); 449; 450; 451(2) and (3); 452(3); 453(1); 456(3); 457; 458(1) and (3); 459; 460(1) and (2);462; 463(1); 464(1); 467(2) and (3); 468(2) and (3); 469; 470(2) and (5); 471(1) and (2); 472(1)(2) and (3); 473(2); 474(2)(3) and (4); 475(1)(2)(4) (5) and (6); 476(1) and (2); 477(1)(2)(4)(5) and (6); 479(1); 480; 481; 482(1) and (2); 483(1) and (2); 484(1)(2) and (3); 536(1); 554(1) and (3); 555(1) and (4); 556(2); 557(1)(5)(6) and (7); 558(1) and (2); 559(1); 564(1) and (3); 565; 566(2); 567(1)(2) and (3); 568(1); 569(1); 571; 572(1); 573(1); 574(1) and (2); 575(1) and (2).	345	$35,517	$37,077
19, 22(3), 46(2), 46(3), 46(4), 47, 50(3), 66(2), 66(5), 68(1), 70(1), 70(2), 77(5), 85(1), 85(2), 85(2A), 85(3), 149(1), 150(1), 150(2), 151, 162(4), 165(1), 176(2), 182(4); 187, 188, 195, 196, 198, 200, 213, 224(1), 224(2), 235(2), 236(1), 236(2), 236(3), 239(1), 239(2), 253, 254, 294(1), 295(1), 295(2), 296, 298(1), 301, 302, 303(3), 304(2), 304(3), 304(4), 308, 310, 311(1), 311(2), 312, 313(3), 316, 317(1), 327, 336, 337(1), 337(2), 338, 344(3), 344(5), 344(6), 346(3), 347(3), 369, 371(2), 372(1), 373, 385, 387, 388(2), 388(3), 398(2), 401(1), 403(1), 403(3), 409(1), 410, 415(2), 425(1), 425(2), 426, 427(1), 427(2), 428, 429(5), 430(1), 432(5), 433, 438(1), 438(2), 439, 446(1), 446(3), 448, 451(5), 454(2), 454(3), 455(2), 455(3), 464(3), 465(1), 465(2), 465(3), 466(1), 466(3), 482(3), 529, 547(2), 548(2), 551, 553(4), 553(5), 555(5), 557(8), 560, 562(2), 563, 567(4), 570, 576.	210	$21,619	$22,568
19, 22(3), 46(2), 46(3), 46(4), 47, 50(3), 66(2), 66(5), 68(1), 70(1), 70(2), 77(5), 85(1), 85(2), 85(2A), 85(3), 149(1), 150(1), 150(2), 151, 162(4), 165(1), 176(2), 182(4); 187, 188, 195, 196, 198, 200, 213, 224(1), 224(2), 235(2), 236(1), 236(2), 236(3), 239(1), 239(2), 253, 254, 294(1), 295(1), 295(2), 296, 298(1), 301, 302, 303(3), 304(2), 304(3), 304(4), 308, 310, 311(1), 311(2), 312, 313(3), 316, 317(1), 327, 336, 337(1), 337(2), 338, 344(3), 344(5), 344(6), 346(3), 347(3), 369, 371(2), 372(1), 373, 385, 387, 388(2), 388(3), 398(2), 401(1), 403(1), 403(3), 409(1), 410, 415(2), 425(1), 425(2), 426, 427(1), 427(2), 428, 429(5), 430(1), 432(5), 433, 438(1), 438(2), 439, 446(1), 446(3), 448, 451(5), 454(2), 454(3), 455(2), 455(3), 464(3), 465(1), 465(2), 465(3), 466(1), 466(3), 482(3), 529, 547(2), 548(2), 551, 553(4), 553(5), 555(5), 557(8), 560, 562(2), 563, 567(4), 570, 576.	40	$4,118	$4,298
50(2), 66(3), 76(2), 77(2), 77(2), 77(4), 85(4), 94(1), 96, 97, 98(1), 111, 124(1), 124(2), 125(1), 126, 127(1), 139, 142(1), 150(3), 162(2) ,162(3), 162(4), 162(5), 165(2), 170, 175(1), 175(2), 175(3), 176(3), 180, 181(2), 181(3), 181(4), 182(2), 182(3), 182(5); 226(1), 226(3), 226(4), 228, 229(1), 229(2), 230(1), 230(2), 230(3), 237(2), 237(4), 237(5), 242(1), 242(2), 260(3), 260(4), 260(5), 262(1), 273(3), 273(4), 275(1), 282(1), 287, 288(1), 288D, 303(1), 303(2), 303(4), 304(5), 313(1), 313(2), 313(4), 326(1), 326(2), 340(3), 340(4), 364, 378(1), 378(2), 390(2), 390(3), 391(3), 404(1), 404(2), 418(1), 418(2), 423(2), 444(1), 444(2), 445(3), 445(4), 461(1), 461(2), 505(1), 506(1), 507(1), 512, 513(1), 525, 572(4), 587(1), 588(1), 593, 594(1), 607	15	$1,544	$1,612

The Work Health and Safety Amendment (Review) Act 2020 recently passed by the NSW Parliament has enacted the following changes to NSW WHS laws:

Enhancement of the Category 1 offence by including “gross negligence” as a fault element – To make it easier to prosecute and create a stronger incentive for duty holders to manage WHS risks.
Prohibition of insurance and indemnity arrangements - To ensure people can't avoid responsibility for paying WHS fines.
Increased penalty amounts for all WHS offences in line with the Consumer Price Index – To ensure penalties retain their deterrent value.
Extension of time in which a person can ask WHS Regulators to start a prosecution in response to a Category 1 or Category 2 offence from 12 to 18 months and addition of a requirement that the WHS regulator provide updates every three months to the requester until a decision to prosecute is made - To ensure that during investigations of workplace accidents, families are kept informed and have access to an effective review mechanism for decisions not to prosecute.
Clarification that a Health and Safety Representative (HSR) can choose their course of training - To avoid unnecessary delays which can affect an HSR’s ability to fulfil their role and exercise their powers.

These changes came into effect 10 June 2020 to help improve compliance and enforcement measures for NSW WHS Regulators, and make the lives of workers and business owners healthier, safer, and more productive.

Read the Act.

Work Health and Safety Regulation Amendment (Traffic Control Work Training)

An amendment to the Work Health and Safety Regulation 2017 (WHS Regulation) came into effect 1 July 2020 for the regulation of the traffic control work training scheme.

The amendment provides that persons who carry out traffic control work in NSW must have completed training.

See Part 4.9 of the WHS Regulation.

Work Health and Safety Regulation Amendment (Silica) Regulation 2020

An amendment to the Work Health and Safety Regulation 2017 (WHS Regulation) came into effect on 1 July 2020 to ban the uncontrolled dry cutting of manufactured stone containing crystalline silica.

The amendment makes it an offence for a person conducting a business or undertaking to direct or allow a worker to cut manufactured stone containing crystalline silica without controls in place to reduce workers’ exposure to the dust generated by the cutting.

For further information on the controls that must be used, see Part 4.10 of the WHS Regulation and SafeWork NSW’s Crystalline Silica page.

Amendments to the Work Health and Safety Regulation 2017 (WHS Regulation) came into effect on 15 November 2019.

Detail about the changes is below:

Penalty Notices
- penalty notices were created associated with current penalty offences in the Work Health and Safety Act 2011 (the Act). These are:
  - Failure to notify the regulator of a notifiable incident – s38(1), and
  - Failure to display a notice issued by an inspector in a prominent part of the workplace that identifies a contravention of the WHS legislation – s210.

Legislative notes
- the legislation references in the ‘notes’ in c164 and c166 of the Regulation were updated to reflect the current legislation.

Information sharing provisions at s271(3)(c)(ii) of the Act
- 12 pieces of legislation were added to the list at cl702 of the Regulation.

Plant Item Registration
- the transitional provisions for plant item registration were extended until 1 January 2021.

The Minister for Better Regulation and Innovation has introduced the Work Health and Safety Amendment (Review) Bill 2019 seeking to expedite implementation in NSW of proposals based on recommendations from the 2018 Review of the model WHS laws, undertaken by Ms Marie Boland.

The proposed amendments to the Act seek to address the ongoing issue of workplace deaths, strengthen support for the families of workplace victims, streamline investigations and give workers and businesses greater clarity on aspects of the Work Health and Safety Act 2011.

To support the development of the Bill, the Department prepared a Better Regulation Statement which outlines how the proposed amendments to the Work Health and Safety Act 2011 comply with the NSW Government’s Better Regulation principles.

Read the Better Regulation Statement.

Amendments to the Work Health and Safety Act 2011 (WHS Act) and Work Health and Safety Regulation 2017 (WHS Regulation) came into effect on 1 July 2019.

The WHS Act was amended to include provisions from the Rural Workers Accommodation Act 1969, which was repealed on 1 July 2019.

WHS Regulation amendments were made to increase fees and to better align with the Model Work Health and Safety regulation - the national framework.

Some of these changes included:-

Fees
- a one-off increase of the base licence fee for major hazard facilities from $42,228 to $54,300
- WHS fees adjusted to the Consumer Price Index (CPI)
- introduction of a fee unit scheme so that in future years fees will automatically be indexed to CPI.
Technical amendments (ie to definitions)
- definition changes relating to concrete placing booms, lifts, pressure piping and turbines.
Hazardous chemicals
- changes to allow that hazardous chemicals supplied, manufactured, transferred or decanted from their original containers, from 1 January 2017, must be labelled in accordance with the Globally Harmonised System of Classification and Labelling (GHS) requirements. Specific GHS content stated under Schedule 9 applies to AgVet chemicals with only a group of AgVet veterinary chemicals, listed in the Poisons Standard, exempt from this requirement.
Lead
- changes to the definition of lead risk work
- the frequency with which a PCBU must conduct biological monitoring of workers who carry out lead risk work
- reduction in blood lead levels for the immediate removal of workers from carrying out lead risk work
- thresholds at which a PCBU may allow a worker to return to lead risk work
- these requirements are subject to a two year transitional period from 1 July 2019 to 1 July 2021 (refer to exemption 006/19, gazetted 28 June 2019).
Diving work
- changes to the competencies required for workers conducting general diving work
- competencies align with AS / NZS 2815 series Training and certification of occupational divers.

Amendments have been made to the WHS Act, to reflect six of the eleven recommendations from the NSW Work Health and Safety Act 2011 Statutory Review Report.

Some of the amendments are minor, however others provide clarity such as:

The recording of interviews by a WHS Inspector, using sound recording or audio-visual devices, without the consent of the person being interviewed, but only following notice given to the interviewee that the recording will take place. This will provide a clear and accurate record of an interview, reducing the scope for dispute.
Extraterritorial application of information, to allow the NSW WHS Regulators to serve a notice outside NSW to require production of information. It allows the regulators to carry out their functions where cross border issues are involved, to avoid disputes and be more transparent, such as when investigating a workplace incident. This is particularly relevant due to technological advances and the number of business operating in NSW who have their head office, data centres or control rooms in another state or territory.

These changes, which came into effect on 21 March 2018, will assist in improving compliance and enforcement measures for the NSW WHS Regulators, to make the lives of workers and business owners healthier, safer and more productive, and improve public safety.

This fact sheet outlines the amendments to the NSW Work Health and Safety Act 2011 resulting from the review.

The Work Health and Safety Regulation 2017 came into effect on 1 September 2017.

It is essentially the same as the 2011 Regulation, except for minor changes, including formatting and corrections to typos.

The changes are outlined in this table.

The Work Health and Safety Act 2011 (NSW) (the Act) provides a framework to protect the health, safety and welfare of all workers and others in relation to NSW workplaces and work activities.

The scope of this statutory review

Under section 276B of the Act the Minister is required to conduct a review of the Act to determine whether the policy objectives remain valid and whether the terms appropriate for securing those objectives.

This review examined the objectives of the Act and the NSW-specific provisions of both the Act and the Work Health and Safety Regulation 2011 (the Regulation). The review also examined the NSW-specific codes of practice. These codes were introduced in NSW before the adoption of nationally harmonised work health and safety laws, which commenced in NSW on 1 January 2012.

Public consultation

A discussion paper was developed and released for a public consultation from 11 November 2016 to 20 December 2016 inclusive.

The discussion paper advised respondents that their submission would be published on the SafeWork NSW website unless they indicated that they wished their submission to remain confidential.

Non-confidential submissions received

The review has been completed and the Review Report was tabled in the NSW Parliament on 20 June 2017. You can access a copy of the Review Report on this website.

A public information campaign was conducted prior to commencement of the amendments, most of which were finalised by 2017.

For further information on this review, please email with the subject heading ‘NSW Statutory Review'.