What is the Model WHS Act and does it apply in my state?

The Model Work Health and Safety Act 2011 is harmonised legislation adopted by NSW, Victoria, Queensland, SA, Tasmania, ACT, NT and the Commonwealth. Western Australia adopted its own WHS Act in March 2022 with substantially aligned content. Victoria's OHS Act 2004 was harmonised with the Model Act in 2023. Today all eight Australian jurisdictions operate under substantially the same WHS framework, with state-specific regulators.

Person Conducting a Business or Undertaking. The duty-holder under the Model WHS Act. Includes employers, sole traders, partnerships, franchisors, principals to a contract — anyone in business who controls workers or workplace. The duty is to ensure, so far as reasonably practicable, the health and safety of workers and others.

What are notifiable incidents and what must I do?

Notifiable incidents include death of a person, serious injury or illness (requiring hospital admission), and dangerous incidents (uncontrolled escape of substance, structure collapse, etc.). The PCBU must notify the state regulator immediately by phone and preserve the incident site (unless preservation would risk further injury). Failure to notify is a separate offence — up to $50,000 for a body corporate or $10,000 for an individual under the model WHS Act; amounts vary by state and territory, so check your regulator.

WHS Quick Check

Pick your industry and state. See the top hazards, your employer's duties under the Model WHS Act, your worker duties, notifiable incidents that trigger regulator reporting, and the right state regulator to call.

Last verified: 16 May 2026

Industry

State / Territory

Top hazards in Construction

•Falls from height (single largest cause of construction fatalities in AU)
•Struck-by mobile plant / vehicle
•Crush injuries from collapsing structures
•Silica dust (engineered stone — banned 1 July 2024)
•Asbestos exposure (in demolition / refurb)
•Manual handling injuries

Employer / PCBU duties

•Safe Work Method Statements for high-risk construction work
•Site safety plan and induction (white card)
•PPE provision and enforcement
•Falls hazards prevention plan for any work >2m
•Air monitoring and respiratory protection for silica / asbestos work

Penalty for breach (varies by state — check your regulator): Maximum penalties for the most serious WHS offence (Category 1 — reckless conduct exposing a person to a risk of death or serious injury) differ across the country. Most states set a fixed maximum of around $3 million for a body corporate (for example Queensland $3 million, Western Australia $3.5 million), with up to 5 years imprisonment for an individual. The Commonwealth (Comcare) and New South Wales set much higher, annually-indexed maximums — into the tens of millions for a body corporate. Lesser offences (Categories 2 and 3) carry lower maximums. Always check your state regulator for the exact current figure. Source: state WHS regulators; Safe Work Australia.

Your worker duties

•Take reasonable care for own and others' safety
•Follow safe work procedures and instructions
•Use PPE provided
•Report hazards to supervisor
•Stop work if there's an imminent serious risk (s 84 WHS Act)

Notifiable incidents

Death, serious injury (admission to hospital), serious illness (e.g. silicosis diagnosis), dangerous incident (e.g. uncontrolled escape of substance, structure collapse) — notify state regulator immediately + preserve site.

Your regulator (NSW)

SafeWork NSW (13 10 50)

Report a notifiable incident immediately by phone. Anonymous tips and unsafe-work-place reports also accepted online via your regulator's website.

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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.

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