What WHS requirements apply to every Australian business?

Nine duties apply to essentially every employing business: the primary duty of care (physical and psychological), officer due diligence, worker consultation, incident notification readiness, psychosocial hazard management, knowing your codes-of-practice position, records and training, first aid and emergency planning, and compulsory workers compensation insurance. Additional requirements — SWMS, plant controls, contractor coordination, remote-work and work-from-home controls, HSRs and committees — switch on depending on how you work. This tool builds the list for your state and profile.

Are WHS requirements different in Victoria?

Yes. Victoria is not part of the harmonised WHS scheme — it runs the Occupational Health and Safety Act 2004 (Vic), framed around employers and employees rather than PCBUs and workers. Practical differences include compliance codes operating as a safe harbour, 19 high-risk construction work categories under reg 322 (the model scheme lists 18 under reg 291), and psychosocial duties under Victoria's Psychological Health Regulations, which commenced 1 December 2025.

What changed for NSW businesses on 1 July 2026?

Section 26A of the Work Health and Safety Act 2011 (NSW) came into force on 1 July 2026. A PCBU must now comply with an applicable approved code of practice, or manage the relevant risk to a standard equivalent to or higher than the code — comply-or-justify. In every other harmonised state, codes remain admissible evidence of what is reasonably practicable rather than a binding benchmark.

Do psychosocial hazards really carry the same duty as physical hazards?

Yes. Every harmonised jurisdiction has adopted the model psychosocial regulations (regs 55A–55D) — including WA and Tasmania — and Queensland uniquely codifies the hierarchy of controls for psychosocial risk. Victoria imposes the duty through its Psychological Health Regulations (commenced 1 December 2025). Workload, low job control, poor support, bullying and harassment must sit in your risk register with controls, exactly like machinery or heights.

WHS Compliance Requirements Checker

Answer six questions and get the WHS requirements that actually apply to your business — state-correct, with what compliant looks like, the legal basis for each duty, and your regulator's contact details.

Last verified: 22 July 2026

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