Work Health and Safety Act 2011
The Work Health and Safety Act 2011 (WHS Act) established a nationally consistent framework for work health and safety in Australia, replacing previous state-based occupational health and safety legislation. The Act was developed as part of the Council of Australian Governments’ harmonisation of WHS laws and has been adopted (with some variations) by most Australian states and territories. The Act imposes a primary duty of care on ‘persons conducting a business or undertaking’ (PCBUs) to ensure the health and safety of workers and others affected by the work. The Act also imposes duties on officers, workers, and other persons. The Act adopts a ‘reasonably practicable’ standard and includes requirements for consultation, representation, and participation.
Legal area: Labour and employment law governs workplace relations, work health and safety, and anti-discrimination protections.
Year enacted: 2011
Full text: https://www.legislation.gov.au/Details/C2011A00137
Key Provisions
- Section 17: Primary duty of care (PCBU must ensure health and safety so far as is reasonably practicable)
- Section 27: Duty of officers (due diligence to ensure PCBU complies)
- Section 28: Duty of workers (take reasonable care for own and others’ safety)
- Part 5: Consultation, representation, and participation (health and safety representatives, committees)
- Part 6: Issue resolution and cease work rights
- Part 10: Enforcement (improvement notices, prohibition notices, penalties)
- Section 32: Category 1 offence (reckless conduct — highest penalty)
Significance
The WHS Act 2011 was the most significant reform of Australian work health and safety law since the Robens-style legislation of the 1970s. The harmonisation of WHS laws across jurisdictions has reduced compliance costs for businesses operating nationally. The Act’s ‘officer duty’ (section 27) has driven significant changes in corporate governance, with directors and senior managers now personally liable for WHS due diligence. The Act’s highest penalties (up to $3 million for corporations for Category 1 offences) reflect the seriousness of WHS obligations.