This page contains information on
Model Work Health and Safety Regulations
The model Work Health and Safety (WHS) Regulations were developed from a three-staged process as outlined in the Intergovernmental Agreement for Regulatory and Operational Reform in OHS.
The three stages were:
- the development of regulations covering those areas currently regulated in all jurisdictions
- consideration of matters included in some but not all jurisdictions, and
- identifying matters requiring considerable policy development.
Between December 2010 and April 2011 the model WHS Regulations were released for public comment. Safe Work Australia received a total of 1343 submissions.
The model WHS Regulations were agreed to in principle by the majority of the Ministerial Council on 10 August 2011 subject to approval of the Decision Regulation Impact Statement (RIS) by the Office of Best Practice Regulation. The Decision RIS was approved on 9 September 2011.
All Ministers have since been advised to implement the model WHS Regulations and first stage model Codes of Practice by 1 January 2012 in accordance with the Intergovernmental Agreement for Regulatory and Operation Reform in OHS.
Download the model Work Health and Safety Regulations
Explanatory Statement for the model Work Health and Safety Regulations
On 30 November 2011 the Strategic Issues Group on Occupational Health and Safety agreed to the Explanatory Statement for the model Work Health and Safety Regulations.
The Explanatory Statement accompanies and provides an explanation of the content of the provisions in the model Work Health and Safety Regulations.
Guide to the Regulations
The Guide to the Regulations provides an overview of the structure of the model Work Health and Safety (WHS) Regulations. The Guide provides cross references to relevant additional Regulations and references to provisions of the model Work Health and Safety Act.
This Guide will help readers identify what duties or rights are contained in each part of the model WHS Regulations. Where defined terms are provided by the Regulations, a non-exhaustive list of these has also been included in the Guide.
Download the Guide to the model Work Health and Safety Regulations
National exemption framework
Safe Work Australia Members have agreed to a national framework for the granting of exemptions from the requirements in the Work Health and Safety Regulations. The framework will guide the granting, refusal, amendment or cancellation of an exemption by each state, territory and the Commonwealth work health and safety regulator. The package contains:
- the agreed national principles to guide exemption decision making [
pdf 33kB | 
docx 46kB]
- a guide for exemption applicants [ pdf 79kB | docx 63kB ] —this should be read in conjunction with material provided by your state or territory work health safety regulator
- an example exemption application form [ pdf 45kB | docx 50kB ] —this provides an indication of the type of document which must be completed prior to lodgement of an exemption application to your jurisdictional work health and safety regulator
- an example exemption decision document [ pdf 36kB | docx 46kB ] —this provides an indication of the type of document sent to applicants once the work health and safety regulator has made a decision about an exemption application
Applications for an exemption must be made to the regulator in your jurisdiction. For more information about specific application processes contact your state and territory work health and safety regulator.
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 related to the work health and safety regulations: