What is the main occupational safety and health law in Australia and who enforces it?

There is no single national law. The Commonwealth and seven states and territories each have a Work Health and Safety (WHS) Act based on the model WHS Act written by Safe Work Australia, Victoria keeps its Occupational Health and Safety Act 2004, and each jurisdiction's own regulator enforces its law.

Short answer

• Model WHS laws (Act, Regulations, Codes of Practice): in force in the Commonwealth, New South Wales, Queensland, the ACT and the Northern Territory from 1 January 2012, South Australia and Tasmania from 1 January 2013, and Western Australia from 31 March 2022.
• Victoria: Occupational Health and Safety Act 2004 and OHS Regulations 2017, enforced by WorkSafe Victoria.
• Safe Work Australia develops policy and the model laws but does not inspect, notify or prosecute.
• Where you work decides which Act and which regulator apply; mines and offshore petroleum often have separate regulators.
• The model laws keep changing: in December 2025 Safe Work Australia published model Act amendments widening the notifiable incident categories, which apply only once each jurisdiction adopts them.

Which law applies where

The model package has three layers. The model WHS Act sets the duties, the model WHS Regulations add detailed requirements (risk management, plant, hazardous chemicals, construction, licences and records) and model Codes of Practice give practical guidance. A code has legal effect only after a jurisdiction approves it; courts can then use it as evidence of what is reasonably practicable.

Each jurisdiction may vary the model text to fit local drafting and other laws, so section numbers and penalty amounts are not always identical. The Commonwealth Act covers Commonwealth agencies and the employers in the Comcare scheme. Mining and offshore work have their own rules: the Commonwealth Act does not apply to offshore facilities under Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and New South Wales mines have the Work Health and Safety (Mines and Petroleum Sites) Regulation 2022.

What the law requires in outline

The central duty is on the "person conducting a business or undertaking" (PCBU), a term chosen so that the duty follows control of the work rather than the employment contract. The PCBU must ensure, so far as is reasonably practicable, the health and safety of the workers it engages or directs (including contractors and labour hire workers) and of other people affected by the work (Commonwealth Act, section 19). Officers must exercise due diligence (section 27) and workers must take reasonable care (section 28). Victoria's Act puts the main duty on the "employer" (section 21) with similar "so far as is reasonably practicable" wording, and extends it to independent contractors and their employees for matters the employer controls.

The regulators appoint inspectors who may enter workplaces, require documents, and issue improvement, prohibition and non-disturbance notices. They receive incident notifications, accept enforceable undertakings (called WHS undertakings in the model Act) and prosecute offences in the courts. Safe Work Australia's model laws page confirms that every jurisdiction except Victoria has implemented the model laws, with local variations.

Common mistakes

• Calling Safe Work Australia "the regulator". It is not; incidents go to the state, territory or Commonwealth regulator.
• Using model WHS section numbers in Victoria, where the OHS Act 2004 has its own numbering and procedures.
• Assuming one national licence or penalty table. Licences are issued by each regulator, and penalty amounts differ.

Related on excodex

• Occupational safety and health in Australia: law, authorities and employer duties
• How and within what time must a workplace accident be reported in Australia?
• What are the penalties for breaking occupational safety rules in Australia?
• OSH law comparison: appointments and reporting deadlines

Standards and further reading

• Safe Work Australia, model WHS laws: https://www.safeworkaustralia.gov.au/law-and-regulation/model-whs-laws
• Safe Work Australia, incident reporting (December 2025 model Act amendments): https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/incident-reporting
• Safe Work Australia, WHS regulators and adoption dates: https://www.safeworkaustralia.gov.au/law-and-regulation/whs-regulators-and-workers-compensation-authorities-contact-information
• Work Health and Safety Act 2011 (Cth): https://www.legislation.gov.au/C2011A00137/latest/text
• Occupational Health and Safety Act 2004 (Vic): https://www.legislation.vic.gov.au/in-force/acts/occupational-health-and-safety-act-2004

This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.