Author: admin

Australia’s work health and safety (WHS) laws impose strict duties on employers, officers, and workers to ensure the health and safety of everyone in the workplace. Understanding these duties and applying them through robust governance frameworks is essential – particularly in high-risk environments such as aviation, shipping, mining, and construction, or in highly regulated industries such as banking, insurance, and superannuation.

Regulatory Framework

Australia operates under a harmonised WHS regime in most jurisdictions, based on the Model Work Health and Safety Act and Regulations. However, key differences exist in Victoria and Western Australia, which retain separate legislative schemes.

Primary federal legislation (harmonised jurisdictions):

• Work Health and Safety Act 2011 (Cth) — applies to Commonwealth agencies and certain national workplaces (including Comcare-regulated entities).
• Equivalent state/territory WHS Acts — largely aligned with the model WHS laws in NSW, QLD, SA, TAS, ACT, and NT.

Non-harmonised jurisdictions:

• Occupational Health and Safety Act 2004 (Vic)
• Work Health and Safety Act 2020 (WA) — partially harmonised but with notable variations.

Duties and Responsibilities

For Employers

A person conducting a business or undertaking (PCBU) must:

• Ensure, so far as reasonably practicable, the health and safety of workers and others affected by work.
• Implement safe systems of work, provide training, maintain safe plant and structures, and control workplace risks.

For Officers (Directors, Executives)

• Exercise due diligence to ensure the PCBU complies with WHS obligations, including:

  • Staying informed about WHS matters
  • Ensuring appropriate resources and processes for risk management
  • Verifying compliance

• For officers and boards operating in banking, insurance, and superannuation industries, additional obligations may arise under the Australian Prudential Regulatory Authority (APRA) Prudential Standards: CPS 220 (Risk Management) and CPS 510 (Governance).

For Workers

• Take reasonable care for their own safety
• Follow lawful and reasonable instructions
• Use personal protective equipment (PPE) and report hazards

State and Federal Legislative Comparison Table

Recommendations for Avoiding WHS Breaches

• Integrate WHS into Board Governance — align WHS KPIs with prudential and insurance risk metrics.
• Regular Safety Audits — tailored to industry-specific hazards (e.g., confined spaces, aviation maintenance, port operations).
• Contractual Risk Allocation — ensure WHS obligations are clearly allocated and monitored in contracts.
• Training and Competency Verification — especially for high-risk tasks and remote operations.
• Crisis and Incident Response Planning — cross-functional plans covering WHS, regulatory notifications, and insurance claims.

Final word

WHS compliance is not just about avoiding prosecution — it is about safeguarding your workforce, your reputation, and your licence to operate. Embedding safety into your governance, culture, and operational processes will deliver long-term resilience and protect against regulatory and commercial risk.

Clyde & Co’s Corporate Advisory team is working with global clients to align contracts, policies, and operational practices with Australia’s new Right to Disconnect laws. We support legal compliance, deliver global communications training, and help manage cross-border cultural expectations in a post-reform environment.

For further advice, contact the team at Clyde & Co.