What is a WHS enforceable undertaking?

A work health and safety enforceable undertaking is a binding written agreement that a duty-holder (a PCBU or an officer) proposes to the regulator, and that the regulator accepts as an alternative to prosecution. It is provided for in Part 11, s216 of the model Work Health and Safety Act. Once accepted it commits the duty-holder to stop the offending conduct, fix the safety systems behind the contravention, and deliver benefits to the workplace, industry and community.

When can the regulator accept an enforceable undertaking?

The regulator decides case by case and is never compelled to accept. It weighs the circumstances of the incident, the merit of the proposal, the duty-holder's financial capacity to deliver it, the duty-holder's compliance history, the views of any injured person, and the likely outcome if the matter were prosecuted instead. A strong undertaking goes beyond the duty-holder's own workplace.

Can I get an enforceable undertaking for a Category 1 or manslaughter charge?

No. Under the model Work Health and Safety Act a regulator must not accept an enforceable undertaking for a Category 1 offence or for an industrial or workplace manslaughter offence. For those charges an undertaking is not available as an alternative to prosecution. Victoria runs its own framework under the Occupational Health and Safety Act 2004, so check WorkSafe Victoria's rules and get legal advice if you are in Victoria.

What must an enforceable undertaking contain?

An enforceable undertaking commits the duty-holder to stop the offending conduct, rectify the safety systems behind the alleged contravention (for example through audits, new procedures, equipment or supervision), lift WHS capability through training (which can include psychosocial safety training), and deliver tangible benefits beyond the duty-holder's own workplace — industry and community benefits such as presentations, research, or support for the injured person.

Is an enforceable undertaking made public?

Yes. If the regulator accepts an enforceable undertaking it is published on the regulator's enforceable undertakings register, together with the regulator's reasons. It is a public record, not a private settlement.

Is Victoria different?

Yes. Victoria is not a harmonised WHS jurisdiction. WorkSafe Victoria can accept enforceable undertakings under the Occupational Health and Safety Act 2004 (Vic) under its own rules. The model-law rule that a regulator must not accept an undertaking for a Category 1 or manslaughter offence does not apply in Victorian terms in the same way, so check WorkSafe Victoria's guidelines and get advice about your specific charge.

WHS Enforceable Undertaking — Is It an Option?

Understand WHS enforceable undertakings — what they are, when a regulator can accept one instead of prosecuting, and what they must contain.

Last verified: 21 June 2026

An enforceable undertaking is a binding written agreement a duty-holder proposes to the WHS regulator as an alternative to prosecution (model WHS Act Part 11, s216). A regulator must not accept one for a Category 1 or industrial manslaughter offence. This tool runs a light suitability check and explains what an undertaking must contain.

Is an enforceable undertaking a realistic option?

An enforceable undertaking is a binding written agreement you propose to the regulator as an alternative to being prosecuted (model Work Health and Safety Act, Part 11, s216). Answer two questions for a light suitability check. This is general information, not a ruling and not legal advice.

1. Your state or territory

2. What is the most serious thing alleged?

Choose what is alleged above to see whether an enforceable undertaking is an option.

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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

WHS Enforceable Undertaking — Is It an Option?

Is an enforceable undertaking a realistic option?

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