In Australia WHS is a State, not a Federal, government responsibility – so WHS compliance is made more complicated because each State and Territory has its own WHS laws.

To deal with this, the Federal government passed the Work Health and Safety Act (Cth) in 2011, with the intention that each State would use it as a model for their own laws, thus harmonising the system across Australia. 

In 2012, laws reflecting the Federal legislation were passed by New South Wales, Queensland, South Australia, Tasmania, Australian Capital Territory and Northern Territory. Victoria and Western Australia retain their own systems; however they share the same basic general principles.  

Discussion of WHS law in this Manual will be based on the model Federal legislation as enacted by the majority of States. The assumption is made that compliance with the model legislation will generally ensure compliance with Victorian or WA legislation, except where specifically notified.

Each State has the following framework of WHS laws:

(a) an Act, to outline broad responsibilities, duties, offences, process and enforcement measures;

(b) Regulations to set out specific requirements for particular hazards and risks;

(c) Codes of Practice to provide information on specific issues relating to meeting WHS requirements (eg confined spaces, noise); and

(d) establishment of a Regulating Agency to administer the laws, inspect workplaces, provide advice, enforce laws and impose penalties for breaches.