Inspector to give notice of damage Division 5—Other matters Power to require name and address Inspector may take affidavits Attendance of inspector at coronial inquests Division 6—Offences in relation to inspectors Offence to hinder or obstruct inspector Offence to impersonate inspector Offence to assault, threaten or intimidate inspector Part 10—Enforcement measures Division 1—Improvement notices Issue of improvement notices Contents of improvement notices Compliance with improvement notice Extension of time for compliance with improvement notices Division 2—Prohibition notices Power to issue prohibition notice Contents of prohibition notice Compliance with prohibition notice Issue of subsequent notices Division 4—General requirements applying to notices Application of Division Notice to be in writing Directions in notices Recommendations in notice Changes to notice by inspector Regulator may vary or cancel notice Issue and giving of notice Display of notice Division 5—Remedial action When regulator may carry out action Power of the regulator to take other remedial action Costs of remedial or other action Division 6—Injunctions Injunctions for noncompliance with notices Part 11—Enforceable undertakings Regulator may accept WHS undertakings Notice of decision and reasons for decision When a WHS undertaking is enforceable Compliance with WHS undertaking Contravention of WHS undertaking Withdrawal or variation of WHS undertaking Proceeding for alleged contravention Part 12—Review of decisions Division 1—Reviewable decisions Which decisions are reviewable Division 2—Internal review Application for internal review Internal reviewer Decision of internal reviewer Decision on internal review Stays of reviewable decisions on internal review Division 3—External review Application for external review Part 13—Legal proceedings Division 1—General matters Procedure if prosecution is not brought Limitation period for prosecutions Multiple contraventions of health and safety duty provision Division 2—Sentencing for offences Application of this Division Orders generally Adverse publicity orders Orders for restoration Work health and safety project orders Training orders Offence to fail to comply with order Division 3—Infringement notices Infringement notices Matters to be included in an infringement notice Extension of time to pay amount Withdrawal of an infringement notice Effect of payment of amount Effect of this Division Division 4—Offences by bodies corporate Imputing conduct to bodies corporate Division 5—The Commonwealth Offences and the Commonwealth WHS civil penalty provisions and the Commonwealth Responsible agency for the Commonwealth Division 6—Public authorities Application to public authorities that are bodies corporate Proceedings against public authorities Imputing conduct to public authorities Officer of public authority Proceedings against successors to public authorities Division 7—WHS civil penalty provisions When is a provision a WHS civil penalty provision Proceedings for contravention of WHS civil penalty provision Involvement in contravention treated in same way as actual contravention Contravening a civil penalty provision is not an offence Civil proceeding rules and procedure to apply Proceeding for a contravention of a WHS civil penalty provision Proceeding may be brought by the regulator or an inspector Limitation period for WHS civil penalty proceedings Recovery of a monetary penalty Civil double jeopardy Criminal proceedings during civil proceedings Criminal proceedings after civil proceedings Evidence given in proceedings for contravention of WHS civil penalty provision not admissible in criminal proceedings Division 8—Civil liability not affected by this Act Civil liability not affected by this Act Part 14—General Division 1—General provisions Offence to give false or misleading information Act does not affect legal professional privilege Immunity from liability Confidentiality of information No contracting out Person not to levy workers Conferral of jurisdiction Application of the Legislation Act Division 2—Codes of practice Approved codes of practice Use of codes of practice in proceedings Schedule 1—Application of Act to dangerous goods and high risk plant Schedule 2—The regulator and local tripartite consultation arrangements and other local arrangements Part 1—Preliminary Part 2—The Commission Part 3—Comcare Annual reports Part 4—Other persons Plant, substances or structures Protection and welfare of workers Hazards and risks Records and notices Work groups Health and safety committees and health and safety representatives Issue resolution WHS entry permits Review of decisions Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to work health and safety, and for related purposes.
Part 1 — Preliminary. Division 1 — Introduction. This Act commences on 1 January Division 2 — Object. Division 3 — Interpretation. Subdivision 1 — Definitions. Australia , when used in its geographical sense, includes the external Territories. Australian Border Force worker means the following persons:.
Category 1 offence —see section Category 2 offence —see section Category 3 offence —see section Comcare means the body corporate established under section 68 of the Safety, Rehabilitation and Compensation Act Fair Work Commission means the body continued in existence under section of the Fair Work Act State or Territory industrial law has the same meaning as it has in the Fair Work Act. WHS undertaking means an undertaking given under section 1. Subdivision 2 — Other important terms.
Division 4 — Application of Act. This Act extends to every external Territory. This might occur, for example, where the Australian Federal Police work in cooperation with an intelligence agency or respond to an imminent terrorist threat. Note: A covert operation might, for example, include an undercover operation to identify those involved in drug trafficking, but would not include general duties policing.
Part 2 — Health and safety duties. Division 1 — Introductory. Subdivision 1 — Principles that apply to duties.
This Subdivision sets out the principles that apply to all duties that persons have under this Act. Note: The principles will apply to duties under this Part and other Parts of this Act such as duties relating to incident notification and consultation.
A duty cannot be transferred to another person. A person can have more than 1 duty by virtue of being in more than 1 class of duty holder. A duty imposed on a person to ensure health and safety requires the person:. Subdivision 2 — What is reasonably practicable. In this Act, reasonably practicable , in relation to a duty to ensure health and safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including:.
Division 2 — Primary duty of care. Division 3 — Further duties of persons conducting businesses or undertakings. Example: Inspection, operation, cleaning, maintenance or repair of plant.
Example: Inspection, storage, operation, cleaning, maintenance or repair of plant. Division 4 — Duty of officers, workers and other persons. Examples: For the purposes of paragraph e , the duties or obligations under this Act of a person conducting a business or undertaking may include:. A person at a workplace whether or not the person has another duty under this Part must:. Division 5 — Offences and penalties. In this Division, health and safety duty means a duty imposed under Division 2, 3 or 4 of this Part.
A person commits a Category 2 offence if:. A person commits a Category 3 offence if:. Part 3 — Incident notification. In this Act, notifiable incident means:. In this Part, serious injury or illness of a person means an injury or illness requiring the person to have:. Example: The written notice can be given by facsimile, email or other electronic means.
Part 4 — Authorisations. In this Part, authorised means authorised by a licence, permit, registration or other authority however described as required by the regulations. A person must not conduct a business or undertaking at a workplace or direct or allow a worker to carry out work at a workplace if:.
A person must comply with the conditions of any authorisation given to that person under the regulations. Part 5 — Consultation, representation and participation. Division 2 — Consultation with workers. Consultation under this Division is required in relation to the following health and safety matters:.
Division 3 — Health and safety representatives. Subdivision 1 — Request for election of health and safety representatives. A worker who carries out work for a business or undertaking may ask the person conducting the business or undertaking to facilitate the conduct of an election for 1 or more health and safety representatives to represent workers who carry out work for the business or undertaking.
Subdivision 2 — Determination of work groups. To avoid doubt, nothing in this Subdivision affects the capacity of 2 or more persons conducting businesses or undertakings and their workers to enter into other agreements or make other arrangements, in addition to complying with this Part, concerning the representation of those workers. Subdivision 4 — Election of health and safety representatives. If the number of candidates for election as a health and safety representative for a work group equals the number of vacancies, the election need not be conducted and each candidate is to be taken to have been elected as a health and safety representative for the work group.
A health and safety representative is not personally liable for anything done or omitted to be done in good faith:.
Subdivision 5 — Powers and functions of health and safety representatives. Note: A health and safety representative also has a power under Division 6 of this Part to direct work to cease in certain circumstances and under Division 7 of this Part to issue provisional improvement notices.
Subdivision 6 — Obligations of person conducting business or undertaking to health and safety representatives. Division 4 — Health and safety committees. Note: If a health and safety committee is not required to be established, other consultation procedures can be established for a workplace—see Division 2 of this Part.
The functions of a health and safety committee are:. A health and safety committee must meet:. Division 5 — Issue resolution. Division 6 — Right to cease or direct cessation of unsafe work. In this Division, cease work under this Division means:.
A worker who ceases work under this Division must:. If a worker ceases work under this Division, the person conducting the business or undertaking may direct the worker to carry out suitable alternative work at the same or another workplace if that work is safe and appropriate for the worker to carry out until the worker can resume normal duties.
If a worker ceases work under this Division, that action does not affect the continuity of engagement of the worker for prescribed purposes if the worker has not unreasonably failed to comply with a direction to carry out suitable alternative work:. The health and safety representative or the person conducting the business or undertaking or the worker may ask the regulator to appoint an inspector to attend the workplace to assist in resolving an issue arising in relation to the cessation of work.
Note: The issue resolution procedures in Division 5 of this Part can also be used to resolve an issue arising in relation to the cessation of work. Division 7 — Provisional improvement notices. A provisional improvement notice must be in writing. A provisional improvement notice must state:.
A health and safety representative may make minor changes to a provisional improvement notice:. A provisional improvement notice may be issued to a person in accordance with section The health and safety representative may at any time cancel a provisional improvement notice issued to a person by written notice given to that person. A provisional improvement notice is not invalid only because of:.
Division 8 — Part not to apply to prisoners. Nothing in this Part applies to a worker who is a prisoner in custody in a prison or police gaol. Part 6 — Discriminatory, coercive and misleading conduct. Division 1 — Prohibition of discriminatory, coercive or misleading conduct. Note: Civil proceedings may be brought under Division 3 of this Part in relation to discriminatory conduct engaged in for a prohibited reason.
Conduct referred to in section is engaged in for a prohibited reason if it is engaged in because the worker or prospective worker or the person referred to in section 1 c or d as the case requires :. Note: Civil proceedings may be brought under Division 3 of this Part if a person requested, instructed, induced, encouraged, authorised or assisted another person to engage in discriminatory conduct for a prohibited reason.
Note: Civil proceedings may be brought under Division 3 of this Part in relation to a contravention of this section. Division 2 — Criminal proceedings in relation to discriminatory conduct.
If a person is convicted or found guilty of an offence under section or , the court may in addition to imposing a penalty make either or both of the following orders:. Division 3 — Civil proceedings in relation to discriminatory or coercive conduct.
Division 4 — General. Part 7 — Workplace entry by WHS entry permit holders. Note: Division 7 of Part 13 sets out the procedure in relation to the bringing of proceedings in respect of WHS civil penalty provisions. Division 2 — Entry to inquire into suspected contraventions. Note 1: At least 24 hours notice is required for an entry to a workplace to inspect employee records or other documents held by someone other than a person conducting a business or undertaking. See section Note 2: The use or disclosure of personal information obtained under this section is regulated under the Privacy Act Note: The use or disclosure of personal information obtained under this section is regulated under the Privacy Act Division 3 — Entry to consult and advise workers.
Division 4 — Requirements for WHS entry permit holders. A WHS entry permit holder must not enter a workplace unless he or she also holds an entry permit under the Fair Work Act. A WHS entry permit holder must, at all times that he or she is at a workplace under a right of entry under Division 2 or 3 of this Part, have his or her WHS entry permit and photographic identification available for inspection by any person on request.
A WHS entry permit holder may exercise a right under Division 2 or 3 of this Part only during the usual working hours at the workplace. A WHS entry permit holder may exercise a right of entry to a workplace only in relation to:.
A WHS entry permit holder must not exercise a right of entry to a workplace under Division 2 or 3 of this Part unless he or she complies with any reasonable request by the relevant person conducting a business or undertaking or the person with management or control of the workplace to comply with:. A WHS entry permit holder must not enter any part of a workplace that is used only for residential purposes. Division 5 — WHS entry permits. In considering whether to issue a WHS entry permit, the authorising authority must take into account:.
The authorising authority must not issue a WHS entry permit to an official of a union unless the authorising authority is satisfied that the official:. The authorising authority may issue a WHS entry permit to a person if the authorising authority has taken into account the matters in section and is satisfied about the matters in section The authorising authority may impose conditions on a WHS entry permit.
A WHS entry permit has effect for a term of 3 years from the date it is issued. Division 6 — Dealing with disputes. If a dispute arises about the exercise or purported exercise by a WHS entry permit holder of a right of entry under this Act, any party to the dispute may ask the regulator to appoint an inspector to attend the workplace to assist in resolving the dispute.
A person must not contravene an order under section 3. Division 7 — Prohibitions. A person must not intentionally and unreasonably hinder or obstruct a WHS entry permit holder in entering a workplace or in exercising any rights at a workplace in accordance with this Part.
A WHS entry permit holder exercising, or seeking to exercise, rights in accordance with this Part must not intentionally and unreasonably delay, hinder or obstruct any person or disrupt any work at a workplace, or otherwise act in an improper manner. A person must not use or disclose information or a document obtained under Division 2 of this Part in an inquiry into a suspected contravention for a purpose that is not related to the inquiry or rectifying the suspected contravention, unless:.
Division 8 — General. The relevant union must advise the authorising authority if:. Part 8 — The regulator. Division 1 — Functions of regulator. The regulator has the following functions:. Note: For further provisions relating to delegations and the revocation of delegations, see the Acts Interpretation Act Division 2 — Powers of regulator to obtain information. Part 9 — Securing compliance. Division 1 — Appointment of inspectors. The regulator may, by instrument, appoint any of the following as an inspector:.
Division 2 — Functions and powers of inspectors. An inspector has the following functions and powers under this Act:. Division 3 — Powers relating to entry. Subdivision 1 — General powers of entry. Note: An inspector may enter residential premises to gain access to a workplace see section c. The occupier or other person is entitled to be heard in relation to that application. Subdivision 2 — Search warrants.
Example: The magistrate may require additional information supporting the application to be given by statutory declaration. If the person who has or appears to have management or control of a place is present at the place when a search warrant is being executed, the inspector must:. Subdivision 3 — Limitation on entry powers. Despite anything else in this Division, the powers of an inspector under this Division in relation to entering a place are not exercisable in relation to any part of a place that is used only for residential purposes except:.
Subdivision 4 — Specific powers on entry. Example 1: Sealing a thing and marking it to show access to it is restricted. Example 2: Sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted. Division 4 — Damage and compensation. In the exercise, or purported exercise, of a compliance power, an inspector must take all reasonable steps to ensure that the inspector, and any assistant to the inspector, cause as little inconvenience, detriment and damage as is practicable.
Division 5 — Other matters. An inspector is authorised to take affidavits for any purpose relating or incidental to the exercise of his or her compliance powers. Note: In some jurisdictions, an inspector may attend coronial inquests and examine witnesses.
Division 6 — Offences in relation to inspectors. A person must not intentionally hinder or obstruct an inspector in exercising his or her compliance powers, or induce or attempt to induce any other person to do so. A person who is not an inspector must not, in any way, recklessly hold himself or herself out to be an inspector.
Part 10 — Enforcement measures. Division 1 — Improvement notices. The person to whom an improvement notice is issued must comply with the notice within the period specified in the notice. Division 2 — Prohibition notices. The person to whom a direction is given under section 2 or a prohibition notice is issued must comply with the direction or notice. Division 4 — General requirements applying to notices. A direction included in an improvement notice or prohibition notice may:.
Except as provided in section , a notice issued by an inspector may only be varied or cancelled by the regulator. A notice is not invalid only because of:. Division 5 — Remedial action. The regulator may recover the reasonable costs of any remedial action taken under:. Division 6 — Injunctions. Part 11 — Enforceable undertakings. Note: Section 3 requires the regulator to publish guidelines in relation to the acceptance of WHS undertakings.
A person must not contravene a WHS undertaking made by that person that is in effect. Note: Section specifies circumstances affecting proceedings for a contravention for which a WHS undertaking has been given.
Part 12 — Review of decisions. Division 1 — Reviewable decisions. Reviewable decisions. Provision under which reviewable decision is made. Eligible person in relation to reviewable decision. Section 54 2 decision following failure to commence negotiations. Section 72 6 decision in relation to training of health and safety representative. Section 76 6 decision relating to health and safety committee. Section decision on review of provisional improvement notice.
Section extension of time for compliance with improvement notice. Section Decision of regulator to vary or cancel notice. A person prescribed by the regulations as eligible to apply for review of the reviewable decision. Division 2 — Internal review. As soon as practicable after reviewing the decision, the internal reviewer must give the applicant in writing:.
Division 3 — External review. Part 13 — Legal proceedings. Division 1 — General matters. Division 2 — Sentencing for offences. This Division applies if a court convicts a person, or finds a person guilty the offender , of an offence against this Act.
If a court finds a person guilty of an offence against this Act, the court may issue an injunction requiring the person to cease contravening this Act. The court may make an order requiring the person to undertake or arrange for 1 or more workers to undertake a specified course of training. Division 3 — Infringement notices.
Skip to primary navigation Skip to primary content. Work Health and Safety Act Act No. CC Table of contents. Work Health and Safety Act No. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.
Contents Part 1—Preliminary 1 Division 1—Introduction 1 Duty of persons conducting businesses or undertakings involving management or control of workplaces 28 Duties of persons conducting businesses or undertakings that design plant, substances or structures 29 Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures 30 Duties of persons conducting businesses or undertakings that import plant, substances or structures 32 Duties of persons conducting businesses or undertakings that supply plant, substances or structures 34 Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures 36 Division 4—Duty of officers, workers and other persons 37 Withdrawal from negotiations or agreement involving multiple businesses 58 Powers and functions generally limited to the particular work group 64 Subdivision 6—Obligations of person conducting business or undertaking to health and safety representatives 64 Provisional improvement notice may give directions to remedy contravention 80 Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct 88 Civil proceedings in relation to engaging in or inducing discriminatory or coercive conduct 92 Entry to inspect employee records or information held by another person 98 Division 3—Entry to consult and advise workers 99 Copy of warrant to be given to person with management or control of place Subdivision 3—Limitation on entry powers An amendment to the Work Health and Safety Regulation WHS Regulation came into effect on 1 July to ban the uncontrolled dry cutting of manufactured stone containing crystalline silica.
For further information on the controls that must be used, see Part 4. Detail about the changes is below:. 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 Read the Better Regulation Statement.
WHS Regulation amendments were made to increase fees and to better align with the Model Work Health and Safety regulation - the national framework. These changes, which came into effect on 21 March , 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. It is essentially the same as the Regulation, except for minor changes, including formatting and corrections to typos.
The changes are outlined in this table. Under section B 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.
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 A discussion paper was developed and released for a public consultation from 11 November to 20 December 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. Australasian Faculty of Occupational and Environmental Medicine.
Australian Industry Group. Australian Manufacturing Workers Union. Australian Meat Industry Council. Australian Road Transport Industrial Organisation. Australian Security Industry Association Limited. Belinda Sinclair. Civil Contractors Federation. Esa Laukka. Focused Quality Systems. Health Services Union. Housing Industry Association. Julian Richards. Local Government NSW. Norman Cook. NSW Business Chamber. NSW Department of Industry.
NSW Health. NSW Minerals Council. RnB Solutions. Rob Fisher. South East Timber Association Inc. Unions NSW. 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 For further information on this review, please email legislationreview safework. Home Legal obligations Legislation Share. Print PDF. Work health and safety Explosives Rural workers accommodation Dangerous goods road and rail transport.
Seek legal advice if you need assistance on the application of the law to your situation. List of exemptions The following exemptions have been granted under the legislation.
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