Model work health and safety Act

This page contains information on the following topics.

  • Model Work Health and Safety (WHS) Act
  • Explanatory Memorandum to the Act
  • Interpretive guidelines
  • Legislative fact sheets
  • Transitional arrangements
  • Frequently asked questions
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    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.

    A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

     A-Z  topic
    C Codes of Practice
      Consultation obligations
      Committees see Health and Safety Committees
    D Duties see Work health and Safety duties
      Decisions see Review of Decision
    F First aiders
    H Health and Safety Committees
      Health and Safety Representatives 
    I Incident notification  
      Issue resolution
    L Labour hire: Duties of a person conducting a business or undertaking 
    P Protection from discrimination, coercion and misrepresentation
    R Review of decisions
    Right of entry
    Role of inspectors in compliance and enforcement
    Role of the regulator in compliance and enforcement
    Representatives see Health and Safety Representatives
    V Volunteers and the model Work Health and Safety Act
    Volunteer ‘officers’ and their duties under the model Work Health and Safety Act
    Volunteer organisations and the model Work Health and Safety Act
    How volunteer organisations can comply with the model Work Health and Safety Act
    W Work health and safety duties

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    Transitional arrangements

    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.

    See information on the transitional arrangements.

    Each state and territory work health and safety authority has also developed resources to assist their jurisdiction with the transition. See contact details for state and territory work health and safety authorities

    Frequently asked questions

    Answers to frequently asked questions are provided on the following topics.

    Emergency Services

    Officers

    Personal protective equipment

    Training of Health and Safety Representatives

    Volunteers, Volunteer Organisations and the model Work Health and Safety Act