Australia Work Health and Safety Act 2011 (Cth)
Australia's Commonwealth Work Health and Safety Act 2011, the enactment of the model WHS Act: the primary duty of care of every person conducting a business or undertaking, the upstream duties of designers, manufacturers, importers, suppliers and installers, officers' due diligence, incident notification, consultation, health and safety representatives and committees, issue resolution, protection from discrimination, and compliance with notices. The same duties sit under the same section numbers in the mirror Acts of NSW, Queensland, SA, Tasmania, the ACT, the NT and WA.
Australia Work Health and Safety Act 2011 (Cth) is a compliance framework from Australia: Commonwealth (Commonwealth agencies, Commonwealth public authorities and non-Commonwealth licensees); mirrored with the same section numbers in NSW, Qld, SA, Tas, ACT, NT and WA (2020 Act) with 9 domains and 72 controls that map to 1 other frameworks. The largest domains are Part 2: Health and safety duties – Australia Work Health and Safety Act 2011 (Cth) (25 controls), Part 5: Consultation, representation and participation – Australia Work Health and Safety Act 2011 (Cth) (21 controls), Parts 8 to 11: Regulator, inspectors, notices and undertakings – Australia Work Health and Safety Act 2011 (Cth) (8 controls). Every control below carries what it requires and what an assessor expects to see.
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Framework Domains (9)
Part 1: Preliminary, object, definitions and application – Australia Work Health and Safety Act 2011 (Cth)
| Code | Title |
|---|---|
| australia-work-health-and-safety-act-2011-cth::s12B | s 12B Consult, co-operate and co-ordinate with duty holders under a State or Territory WHS law |
Part 2: Health and safety duties – Australia Work Health and Safety Act 2011 (Cth)
| Code | Title |
|---|---|
| australia-work-health-and-safety-act-2011-cth::s17 | s 17 Management of risks: eliminate, or if not reasonably practicable minimise |
| australia-work-health-and-safety-act-2011-cth::s19(1)-(2) | s 19(1) and (2) Primary duty of care to workers and to other persons |
| australia-work-health-and-safety-act-2011-cth::s19(3)(a) | s 19(3)(a) Provide and maintain a work environment without risks to health and safety |
| australia-work-health-and-safety-act-2011-cth::s19(3)(b) | s 19(3)(b) Provide and maintain safe plant and structures |
| australia-work-health-and-safety-act-2011-cth::s19(3)(c) | s 19(3)(c) Provide and maintain safe systems of work |
| australia-work-health-and-safety-act-2011-cth::s19(3)(d) | s 19(3)(d) Safe use, handling and storage of plant, structures and substances |
| australia-work-health-and-safety-act-2011-cth::s19(3)(e) | s 19(3)(e) Adequate welfare facilities and access to them |
| australia-work-health-and-safety-act-2011-cth::s19(3)(f) | s 19(3)(f) Information, training, instruction and supervision |
| australia-work-health-and-safety-act-2011-cth::s19(3)(g) | s 19(3)(g) Monitor worker health and workplace conditions to prevent illness or injury |
| australia-work-health-and-safety-act-2011-cth::s19(4) | s 19(4) Worker accommodation owned or controlled by the PCBU |
| australia-work-health-and-safety-act-2011-cth::s19(5) | s 19(5) Self-employed person's duty for own health and safety |
| australia-work-health-and-safety-act-2011-cth::s20 | s 20 Duty of a PCBU with management or control of a workplace |
| australia-work-health-and-safety-act-2011-cth::s21 | s 21 Duty of a PCBU with management or control of fixtures, fittings or plant |
| australia-work-health-and-safety-act-2011-cth::s22(2) | s 22(2) Designers: design plant, substances and structures to be without risks |
| australia-work-health-and-safety-act-2011-cth::s22(3)-(5) | s 22(3) to (5) Designers: calculations and testing, and information to users |
| australia-work-health-and-safety-act-2011-cth::s23(2) | s 23(2) Manufacturers: manufacture plant, substances and structures to be without risks |
| australia-work-health-and-safety-act-2011-cth::s23(3)-(5) | s 23(3) to (5) Manufacturers: testing and information to recipients |
| australia-work-health-and-safety-act-2011-cth::s24(2) | s 24(2) Importers: imported plant, substances and structures without risks |
| australia-work-health-and-safety-act-2011-cth::s24(3)-(5) | s 24(3) to (5) Importers: testing or verifying tests, and information to recipients |
| australia-work-health-and-safety-act-2011-cth::s25(2) | s 25(2) Suppliers: supplied plant, substances and structures without risks |
| australia-work-health-and-safety-act-2011-cth::s25(3)-(5) | s 25(3) to (5) Suppliers: testing or verifying tests, and information to recipients |
| australia-work-health-and-safety-act-2011-cth::s26 | s 26 Installers, constructors and commissioners of plant or structures |
| australia-work-health-and-safety-act-2011-cth::s27 | s 27 Officers: exercise due diligence that the PCBU complies |
| australia-work-health-and-safety-act-2011-cth::s28 | s 28 Workers' duties while at work |
| australia-work-health-and-safety-act-2011-cth::s29 | s 29 Duties of other persons at the workplace |
Part 3: Incident notification – Australia Work Health and Safety Act 2011 (Cth)
| Code | Title |
|---|---|
| australia-work-health-and-safety-act-2011-cth::s38(1)-(5) | s 38(1) to (5) Notify the regulator of a notifiable incident immediately |
| australia-work-health-and-safety-act-2011-cth::s38(7) | s 38(7) Keep a record of each notifiable incident for at least 5 years |
| australia-work-health-and-safety-act-2011-cth::s39 | s 39 Preserve the incident site until an inspector arrives or directs |
Part 4: Authorisations – Australia Work Health and Safety Act 2011 (Cth)
| Code | Title |
|---|---|
| australia-work-health-and-safety-act-2011-cth::s41 | s 41 Authorised workplaces only |
| australia-work-health-and-safety-act-2011-cth::s42 | s 42 Authorised plant and substances only |
| australia-work-health-and-safety-act-2011-cth::s43 | s 43 Work that must be authorised is carried out only by authorised persons |
| australia-work-health-and-safety-act-2011-cth::s44 | s 44 Prescribed qualifications or experience, or supervision, for regulated work |
| australia-work-health-and-safety-act-2011-cth::s45 | s 45 Comply with the conditions of an authorisation |
Part 5: Consultation, representation and participation – Australia Work Health and Safety Act 2011 (Cth)
| Code | Title |
|---|---|
| australia-work-health-and-safety-act-2011-cth::s46 | s 46 Consult, co-operate and co-ordinate with other duty holders |
| australia-work-health-and-safety-act-2011-cth::s47 | s 47 Consult workers directly affected by WHS matters |
| australia-work-health-and-safety-act-2011-cth::s48 | s 48 Nature of consultation, including involvement of the HSR |
| australia-work-health-and-safety-act-2011-cth::s49 | s 49 When consultation is required |
| australia-work-health-and-safety-act-2011-cth::s51-52 | ss 51 and 52 Facilitate the determination of work groups by negotiation within 14 days |
| australia-work-health-and-safety-act-2011-cth::s53 | s 53 Notify workers of the negotiated work groups and variations |
| australia-work-health-and-safety-act-2011-cth::s55-58 | ss 55 to 58 Multiple-business work groups: negotiate, include representatives, notify |
| australia-work-health-and-safety-act-2011-cth::s61(4) | s 61(4) Provide resources, facilities and assistance for HSR elections |
| australia-work-health-and-safety-act-2011-cth::s70(1) | s 70(1) Obligations to health and safety representatives |
| australia-work-health-and-safety-act-2011-cth::s70(2)-(3) | s 70(2) and (3) Time for HSR functions, with pay |
| australia-work-health-and-safety-act-2011-cth::s71(2) | s 71(2) Personal or medical information withheld from HSRs without consent |
| australia-work-health-and-safety-act-2011-cth::s72 | s 72 Allow HSR training chosen by the HSR, within 3 months, paid, with costs met |
| australia-work-health-and-safety-act-2011-cth::s73 | s 73 Share HSR costs equally between multiple businesses unless agreed |
| australia-work-health-and-safety-act-2011-cth::s74 | s 74 Keep, display and give the regulator an up-to-date list of HSRs |
| australia-work-health-and-safety-act-2011-cth::s75-76 | ss 75 and 76 Establish a health and safety committee within 2 months of a request |
| australia-work-health-and-safety-act-2011-cth::s79 | s 79 Committee members' paid time and access to information, without personal or medical data |
| australia-work-health-and-safety-act-2011-cth::s80(2) | s 80(2) A competent, senior PCBU representative for issue resolution who is not an HSR |
| australia-work-health-and-safety-act-2011-cth::s81 | s 81 Make reasonable efforts to resolve WHS issues under the agreed or default procedure |
| australia-work-health-and-safety-act-2011-cth::s84-89 | ss 84 to 89 Right to cease unsafe work: respect it, alternative work, continuity of engagement |
| australia-work-health-and-safety-act-2011-cth::s97 | s 97 Display a provisional improvement notice and leave it in place |
| australia-work-health-and-safety-act-2011-cth::s99 | s 99 Comply with a provisional improvement notice within the time specified |
Part 6: Discriminatory, coercive and misleading conduct – Australia Work Health and Safety Act 2011 (Cth)
| Code | Title |
|---|---|
| australia-work-health-and-safety-act-2011-cth::s104-106 | ss 104 to 106 Prohibition of discriminatory conduct for a prohibited reason |
| australia-work-health-and-safety-act-2011-cth::s107 | s 107 No requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct |
| australia-work-health-and-safety-act-2011-cth::s108 | s 108 No coercion or inducement about WHS powers, functions or roles |
| australia-work-health-and-safety-act-2011-cth::s109 | s 109 No false or misleading representations about WHS rights and processes |
Part 7: Workplace entry by WHS entry permit holders – Australia Work Health and Safety Act 2011 (Cth)
| Code | Title |
|---|---|
| australia-work-health-and-safety-act-2011-cth::s118(3) | s 118(3) Allow an entry permit holder to inspect and copy directly relevant documents |
| australia-work-health-and-safety-act-2011-cth::s144-145 | ss 144 and 145 Do not refuse, unduly delay, hinder or obstruct a WHS entry permit holder |
Parts 12 to 14 and Schedules: review, proceedings and general – Australia Work Health and Safety Act 2011 (Cth)
| Code | Title |
|---|---|
| australia-work-health-and-safety-act-2011-cth::s272 | s 272 No contracting out of the Act or its duties |
| australia-work-health-and-safety-act-2011-cth::s272A-272B | ss 272A and 272B No insurance or indemnity against WHS monetary penalties |
| australia-work-health-and-safety-act-2011-cth::s273 | s 273 Do not levy or charge workers for WHS measures |
Parts 8 to 11: Regulator, inspectors, notices and undertakings – Australia Work Health and Safety Act 2011 (Cth)
| Code | Title |
|---|---|
| australia-work-health-and-safety-act-2011-cth::s155 | s 155 Comply with a regulator's notice to give information, documents or evidence |
| australia-work-health-and-safety-act-2011-cth::s171 | s 171 Comply with an inspector's requirement to identify, produce documents or answer questions |
| australia-work-health-and-safety-act-2011-cth::s188-190 | ss 188 to 190 Do not hinder, obstruct, impersonate, assault, threaten or intimidate inspectors |
| australia-work-health-and-safety-act-2011-cth::s193 | s 193 Comply with an improvement notice within the specified period |
| australia-work-health-and-safety-act-2011-cth::s197 | s 197 Comply with a prohibition notice or direction |
| australia-work-health-and-safety-act-2011-cth::s198-200 | ss 198 to 200 Comply with a non-disturbance notice |
| australia-work-health-and-safety-act-2011-cth::s210 | s 210 Display an inspector's notice and leave it in place |
| australia-work-health-and-safety-act-2011-cth::s219 | s 219 Comply with a WHS undertaking the person has given |
Maps to 1 other framework
Coverage is not the same as your position
This page shows what Australia Work Health and Safety Act 2011 (Cth) overlaps with in general. Where your organisation actually stands, against the standard you are going for and the certifications you already hold, is a different question. Same graph and the same recorded refutations, scoped to you rather than to a pair.
The Compliance Position Diagnostic, $5,000 fixed, ten business daysWhat is Australia Work Health and Safety Act 2011 (Cth) and who does it apply to?
Australia Work Health and Safety Act 2011 (Cth) is a compliance framework from Australia: Commonwealth (Commonwealth agencies, Commonwealth public authorities and non-Commonwealth licensees); mirrored with the same section numbers in NSW, Qld, SA, Tas, ACT, NT and WA (2020 Act) with 9 domains and 72 controls. Australia's Commonwealth Work Health and Safety Act 2011, the enactment of the model WHS Act: the primary duty of care of every person conducting a business or undertaking, the upstream duties of designers, manufacturers, importers, suppliers and installers, officers' due diligence, incident notification, consultation, health and safety representatives and committees, issue resolution, protection from discrimination, and compliance with notices. The same duties sit under the same section numbers in the mirror Acts of NSW, Queensland, SA, Tasmania, the ACT, the NT and WA. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.
What does Australia Work Health and Safety Act 2011 (Cth) actually require?
Australia Work Health and Safety Act 2011 (Cth) has 72 controls organised across 9 domains. The largest domains are Part 2: Health and safety duties – Australia Work Health and Safety Act 2011 (Cth) (25 controls), Part 5: Consultation, representation and participation – Australia Work Health and Safety Act 2011 (Cth) (21 controls), Parts 8 to 11: Regulator, inspectors, notices and undertakings – Australia Work Health and Safety Act 2011 (Cth) (8 controls). Each control defines specific requirements that organisations must implement to achieve compliance.
If I already comply with another framework, how much of Australia Work Health and Safety Act 2011 (Cth) do I already cover?
Australia Work Health and Safety Act 2011 (Cth) maps to 1 other compliance frameworks. The top mapping partners are ISO 45001:2018 (47% coverage). Use our comparison tool to explore control-level mappings between frameworks.
How do I implement Australia Work Health and Safety Act 2011 (Cth)?
Start your Australia Work Health and Safety Act 2011 (Cth) compliance journey by running a self-assessment on our platform to identify your current compliance posture. Our AI advisory can answer specific questions about Australia Work Health and Safety Act 2011 (Cth) requirements, and cross-framework mapping helps you leverage existing controls from other frameworks you may already comply with. Create a free account to access all 72 controls and track your progress.
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