This page contains information on the following topics.
Model Work Health and Safety Act
The model Work Health and Safety (WHS) Act is the result of a comprehensive national review into work health and safety laws across Australia, which involved substantial public consultation.
The first draft of the model WHS Act was based on the decisions of the Workplace Relations Ministers' Council (WRMC) in relation to the national review findings. The first draft was released for public comment for six weeks in September 2009. The 480 submissions received during this period informed many of the amendments to the first draft.
The WRMC endorsed the model WHS Act in December 2009, allowing Safe Work Australia to make further technical and drafting amendments to ensure its workability.
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Explanatory Memorandum to the Act
At the Safe Work Australia Members' meeting on 2 December 2010, Members agreed to the Explanatory Memorandum to the Act.
The Explanatory Memorandum accompanies and provides an explanation of the content of the provisions in the model Work Health and Safety Act.
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Interpretive Guidelines
Interpretive guidelines aim to provide guidance on the interpretation and application of key concepts and requirements under the work health and safety (WHS) laws. They are a formal statement on how state, territory and Commonwealth WHS regulators believe key concepts in the model WHS Act operate and in doing so provide an indication of how the laws will be enforced. These guidelines can be downloaded below.
Download The meaning of ‘person conducting a business or undertaking’
Download The health and safety duty of an officer under section 27
Download The meaning of ‘reasonably practicable’
Download Discriminatory, coercive or misleading conduct
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Legislative fact sheets
A series of Legislative fact sheets have been developed to provide additional information to the public on the model Work Health and Safety Act.
Search Legislative fact sheet topics by alphabetical order.
Safe Work Australia has developed transitional principles that set out how arrangements under existing work health and safety legislation are intended to transition to the new system.
Each state and territory work health and safety authority has also developed resources to assist their jurisdiction with the transition. See contact details for
Answers to frequently asked questions are provided on the following topics.