Australia: Health and safety

Original and updating authors: Shana Schreier-Joffe and Dean Tolkin, Keypoint Law

See the legal services provided by the authors of International > Australia, including any discounts/offers for subscribers.

Summary

• Health and safety at work is regulated mainly by legislation at the level of individual states and territories, in most cases based on "model" legislation at federal level. (See General)
• Employers are obliged to ensure, so far as is reasonably practicable, the health and safety of workers, and have a range of specific duties in this area, as do workers. (See Duties on employers and employees)
• Employers must consult workers on health and safety matters, and workers are entitled to be represented by health and safety representatives, while health and safety committees may also be established. (See Safety representatives)
• Responsibility for monitoring and enforcing compliance with health and safety legislation lies primarily with public regulators in individual states and territories. (See Enforcement and penalties)
• Employers must generally take out occupational injury and illness insurance for all their employees, under "workers' compensation" schemes governed by the legislation of individual states and territories. (See Compensation for occupational injury or illness)

Note

Australia is a federation (or Commonwealth) of six states (New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia) and two main territories (the Australian Capital Territory and the Northern Territory). The Australian Constitution gives the federal Parliament power to pass legislation that relates to certain matters, while state and territory parliaments have the power to legislate over any matter, as long as it is not in conflict with federal legislation.

Until 2009, employment and industrial relations law was a matter for state and territory legislation, and each state and territory had its own laws, rules and regulations covering employment rights and industrial relations - together generally referred to as "workplace relations" - in that particular state or territory. This changed in 2009 (after initial attempts to alter the system in 2006) when the federal Parliament passed the Fair Work Act, which covers all employees in Australia employed by "constitutional corporations" (see below) and all federal government employees. The federal Government then entered into discussions with each of the states and territories to have them refer many of their workplace relations powers to the Commonwealth. This has now occurred in all states and territories except Western Australia.

As a result, the Fair Work Act is now the primary source of regulation of workplace relations across Australia, and covers most employees. The Act is the basis for a "national system" of workplace relations that applies to all employees employed by "constitutional corporations" - this covers most private-sector companies that provide goods or services for money, along with many not-for-profit organisations. The national system also covers all other private-sector employees (not employed by a constitutional corporation) in the Australian Capital Territory, New South Wales, the Northern Territory, Queensland, South Australia, Tasmania and Victoria. It does not cover private-sector employees not employed by a constitutional corporation in Western Australia, who are instead covered by state-specific employment legislation (this category includes employees of partnerships and sole traders).

With regard to the public sector, the national system covers all federal government employees, along with both state/territory government and local government employees (with a few exceptions) in Victoria, the Australian Capital Territory and the Northern Territory, and local government employees in Tasmania. State government and local government employees in New South Wales, Queensland, South Australia and Western Australia, and state government employees in Tasmania, are covered by state-specific legislation for these types of employment.

The provisions of the Fair Work Act include a set of National Employment Standards (NES) (see Australia: Employee rights > General). These are minimum entitlements for all national-system employees in a range of areas, notably: maximum working hours; flexible working arrangements; annual leave; public holidays; unpaid parental leave; various other forms of leave; minimum notice of termination; and redundancy pay. As an exception, the NES entitlements relating to parental leave and notice of termination apply to all employees, and not just those covered by the national system.

For national-system employees, the Fair Work Act also governs matters such as unfair dismissal (see Australia: Termination of Employment > Unfair dismissal), protection from dismissal on certain grounds (see Australia: Termination of employment > Other dismissal protection), payment of wages (see Australia: Pay and benefits > Payment of wages), bullying at work (see Australia: Employee rights > Bullying), transfer of employment (see Australia: Employee rights > Transfers of undertakings), trade union rights (see Australia: Industrial relations > Trade unions), collective bargaining (see Australia: Industrial relations > Collective bargaining), industrial action (see Australia: Industrial relations > Industrial action) and information and consultation on collective redundancies (see Australia: Industrial relations > Informing and consulting prior to redundancies).

Further, the national system based on the Fair Work Act provides for pay and conditions to be set by "modern awards" (see Australia: Industrial relations > Modern awards) and "enterprise agreements" (see Australia: Industrial relations > Enterprise agreements).

Modern awards are legally binding instruments, made by the Fair Work Commission (FWC) (see below), that set minimum pay rates and certain other conditions of employment for particular sectors or occupations. They apply to those employers and employees in these sectors and occupations covered by the Fair Work Act (unless they are covered by an enterprise agreement - see below), although certain highly paid employees may be excluded. The provisions of modern awards build on the NES, and cannot provide for a lower level of protection for employees.

Enterprise agreements are collective agreements between an employer (or a number of employers) and a trade union (or unions) or employees. The terms of an enterprise agreement, which must be approved by the FWC, cannot be less advantageous for employees than the NES. An enterprise agreement applies to the exclusion of any modern award that would otherwise apply. However, in such cases, the employees must be "better off overall" under the enterprise agreement than they would be under the relevant modern award. Further, the enterprise agreement cannot provide for basic pay rates lower than those in the relevant modern award.

Where employees within the national system are covered by neither a modern award nor an enterprise agreement, the NES and other provisions of the Fair Work Act apply, along with a national minimum wage (see Australia: Pay and benefits > Minimum wages).

The national system is overseen by the FWC, an independent tribunal whose role includes making and varying modern awards, regulating and approving enterprise agreements, setting the national minimum wage, and regulating and dealing with industrial and employment disputes, including unfair dismissal cases and industrial action. A statutory Fair Work Ombudsman investigates suspected breaches of workplace laws and rights, and enforces these laws.

Outside the scope of the Fair Work Act, employment-related matters such as equal opportunities (see Australia: Equal opportunities > General) and health and safety at work (see General) are governed by a combination of federal and state/territory legislation.

General

Individual states and territories (see Note) have their own health and safety legislation. A "model" Work Health and Safety (WHS) Act was introduced at Commonwealth (that is, national) level in 2011. Most states and territories have since adopted their own WHS Acts based on the model Act, although with some minor differences, thereby largely harmonising health and safety legislation across Australia. However, Victoria and Western Australia have not yet implemented the model Act and have retained their existing health and safety laws. From 10 September 2021, the WHS Act applies to the Commonwealth's work on Norfolk Island. This chapter focuses mainly on the model Act.

The model Act places health and safety duties on a range of "duty holders", notably:

• "persons conducting a business or undertaking" - this category includes employers;
• "officers" - this category includes company directors and secretaries, and individuals who make, or participate in making, decisions that affect all or a substantial part of an organisation's business;
• "workers" - a worker is defined broadly as a person carrying out work in any capacity for a person conducting a business or undertaking, including employees, contractors, employees of contractors, employees of "labour hire" companies who have been assigned to work in a business or undertaking (see Australia: Employee rights > Temporary agency workers), outworkers, apprentices, trainees and students gaining work experience; and
• designers, manufacturers, importers, suppliers and installers of products or plant used at work.

Statutory health and safety duties cannot be transferred to another party. More than one party can concurrently have the same duty. If more than one party has a duty in relation to the same matter, each of these parties must consult, cooperate and coordinate activities with all other such parties.

The model Act is accompanied by model WHS Regulations, setting out more detailed rules in specific areas. As with the Act, all states and territories - excluding Victoria and Western Australia - have adopted their own WHS Regulations based on the model, with some minor variations. The model Regulations deal with issues including:

• worker representation and participation (see Safety representatives);
• managing risks to health and safety - this covers areas such as identifying hazards and controlling risks;
• general workplace management - this covers areas such as information, training and facilities for workers, the working environment, first aid, emergency plans, remote or isolated work, airborne contaminants, hazardous atmospheres, flammable and combustible substances, falling objects and personal protective equipment;
• hazardous work involving noise, hazardous manual tasks, confined spaces, falls, demolition work, electrical work and diving work;
• high-risk work;
• plant and structures;
• construction work;
• hazardous chemicals;
• lead;
• asbestos;
• major hazard facilities; and
• mines.

Model codes of practice (developed by Safe Work Australia) provide practical guides to achieving the standards of health, safety and welfare required under the model Act and Regulations in particular areas, and all states and territories - except Victoria and Western Australia - have approved these codes. Codes of practice are not legally enforceable. However, courts may regard an approved code as evidence of what is known about a hazard, risk or control and may rely on the code in determining what is reasonably practicable (see Duties on employers and employees) in the circumstances to which the code relates.

While legislation is the primary source of law in the area of health and safety, the common law also plays a role. Employers have a non-delegable duty of care - derived from an implied term in the contract of employment (see Australia: Contracts of employment > General) and also tort law - to take all reasonably practicable steps for the safety of employees in the course of their employment. As part of this duty, the employer must establish, maintain and enforce a safe system of work, which includes guarding against the risk of workplace hazards, and ensuring that possible and practicable precautions are in place to prevent injury.

Employers also owe a common law duty of care to persons other than employees. For example, where an employer is an occupier of premises, it has a duty to avoid exposing people who are affected by activities carried on at the premises to reasonably foreseeable risks of injury or illness. Further, employers may be found vicariously liable for injuries, loss or damage caused by an employee's negligence, if such conduct occurs in the course of, or is reasonably incidental to, the employee's employment. If an act is authorised by an employer, it is generally considered to be in the course of employment, whether or not the employee performs the act negligently.

At common law, an employer that fails to take reasonable care for an employee's safety may be liable to pay damages to compensate the employee for loss or injury arising from the employer's negligence. However, in most states and territories there are various limitations on the liability that an employer may face under common law actions brought by its employees (see Compensation for occupational injury or illness). Where an employer is vicariously liable, the company may recover damages from a negligent employee who was materially connected to the breach, depending on the jurisdiction.

Duties on employers and employees

The information in this section relates primarily to legislation applicable in all states and territories apart from Victoria and Western Australia (see General).

Employers (as "persons conducting a business or undertaking" - see General) are obliged to ensure, so far as is reasonably practicable, the health and safety of workers whom they engage, or cause to be engaged, or whose activities in carrying out work are influenced or directed by the employer, while the workers are at work. Employers must also ensure, so far as is reasonably practicable, that the health and safety of persons other than workers is not put at risk from work carried out as part of the conduct of the employer's business or undertaking.

Specifically, an employer must ensure, so far as is reasonably practicable:

• the provision and maintenance of a work environment without risks to health and safety, safe plant and structures, and safe systems of work;
• the safe use, handling and storage of plant, structures and substances;
• the provision of adequate facilities for workers' welfare at work;
• the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work; and
• that workers' health and workplace conditions are monitored for the purpose of preventing illness or injury arising.

Detailed rules govern employers' obligations in the various areas listed above, as well as on issues such as the consultation and representation of workers on health and safety matters (see Safety representatives).

The statutory duty to ensure health and safety requires an employer:

• to eliminate risks to health and safety, so far as is reasonably practicable; and
• if it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable.

In relation to health and safety duties, something is "reasonably practicable" if it is reasonably able to be done, taking into account all relevant matters, including:

• the likelihood of the hazard or risk concerned occurring;
• the degree of harm that might result from the hazard or risk;
• what the person concerned knows, or ought reasonably to know, about the hazard or risk, and about ways of eliminating or minimising the risk;
• the availability and suitability of ways to eliminate or minimise the risk; and
• after an assessment of the extent of the risk and the available ways of eliminating or minimising it, the cost associated with these available ways, including whether or not the cost is grossly disproportionate to the risk.

Employers must notify the relevant public regulator immediately after becoming aware that a "notifiable incident" has occurred. A "notifiable incident" is a person's death or serious injury or illness (such injuries and illnesses typically involve immediate hospitalisation), or a dangerous incident (or "near miss") that exposes a worker or other person to a serious health or safety risk. The employer must inform the regulator of a notifiable incident by telephone or in writing, for example by fax, email or other electronic means. The site where the incident occurred must be preserved until an inspector arrives, or as directed by the regulator.

Employers must keep a record of notifiable incidents for at least five years after notifying the regulator. Failing to report a notifiable incident, or reporting such incidents with unjustifiable delay, is an offence and may result in a fine being imposed. The regulator that must be informed of notifiable incidents is usually the public body that monitors and enforces general compliance with health and safety legislation in a particular state or territory (see Enforcement and penalties).

Where an employer has a duty or obligation under the model Act, its officers (such as directors and senior managers - see General) must exercise due diligence to ensure that the employer complies with that duty or obligation.

With regard to health and safety duty holders other than employers, a person with management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person. Similarly, a person with management or control of fixtures, fittings or plant at a workplace must ensure, so far as is reasonably practicable, that the fixtures, fittings and plant are without risks to the health and safety of any person.

While at work, a worker has a statutory duty to:

• take reasonable care of their own health and safety;
• take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons;
• comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the employer to allow it to comply with health and safety legislation; and
• cooperate with any reasonable policy or procedure of the employer relating to health or safety at the workplace that has been notified to workers.

Workers also have a duty under common law to take care of their own health and safety, and that of others at the workplace, while at work. While the standard of care is determined objectively, all relevant circumstances must be taken into account, including the worker's state of knowledge, qualifications and expertise.

Workers are entitled to cease, or refuse to carry out, work if they have a reasonable concern that carrying out the work would expose them to a serious risk to their health or safety, emanating from an immediate or imminent exposure to a hazard.

Under statutory rules similar to the "general protections" that prohibit employers from taking "adverse action" against employees for various reasons related to the exercise of their workplace rights (see Australia: Employee rights > General protections), employers must not discriminate against or dismiss workers for various prohibited reasons related to health and safety. The prohibited reasons include cases where a worker exercises rights, powers or functions under health and safety legislation, raises concerns about health and safety with relevant parties, or takes action to seek compliance with relevant legislation.

In March 2025, the Government approved a new Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025, which is in effect across the Commonwealth jurisdiction. The Code of Practice provides practical guidance to employers on how to manage health and safety risks arising from sexual and gender-based harassment at work.

In Queensland, from 1 September 2024, employers must proactively manage risks to the health or safety of workers, or other persons, from sexual harassment or sex or gender-based harassment at work.

Safety representatives

The information in this section relates primarily to legislation applicable in all states and territories apart from Victoria and Western Australia (see General).

An employer must, so far as is reasonably practicable, consult workers who carry out work for it and who are, or are likely to be, directly affected by a matter relating to work health or safety. Such consultation requires that:

• relevant information about the matter is shared with workers;
• workers are given a reasonable opportunity to express their views, raise health or safety issues, and contribute to the decision-making process relating to the matter;
• the workers' views are taken into account by the employer; and
• the workers consulted are advised of the outcome of the consultation in a timely manner.

If workers are represented by a health and safety representative (see below), the consultation must involve the representative.

The employer must consult workers when:

• identifying hazards and assessing risks;
• making decisions about ways to eliminate or minimise those risks;
• making decisions about the adequacy of facilities for workers' welfare;
• proposing changes that may affect workers' health or safety; and
• making decisions about procedures for consulting with workers, resolving health or safety issues at the workplace, monitoring workers' health, monitoring workplace conditions and providing information and training for workers.

Workers within a "work group" may elect one or more of their number as health and safety representatives. The role of health and safety representatives is to:

• represent the workers in the work group in matters relating to health and safety;
• monitor the measures taken by the employer in compliance with health and safety legislation;
• investigate workers' complaints relating to health and safety; and
• enquire into risks to workers' health or safety.

Work health and safety representatives are allowed to choose their preferred course of work health and safety training. Following their training, when exercising their role as health and safety representatives, they have various powers, including powers to conduct inspections, obtain information and request assistance. In certain circumstances, a representative is entitled to direct a worker to cease work if the representative has a reasonable concern that carrying out the work would expose the worker to a serious risk to their health or safety. Further, if an appropriately trained health and safety representative reasonably believes that an employer is contravening health and safety legislation, the representative may, after consulting the employer, issue a "provisional improvement notice". Such notices require the employer to take action to remedy the issue by a deadline. The employer must comply with a provisional improvement notice, but may ask the relevant public regulator to review the notice and confirm or cancel it.

Employers have various obligations in respect of health and safety representatives, including consulting and conferring with them, and giving them access to information. Employers must also:

• provide representatives with the resources, facilities, assistance and paid time off that are reasonably necessary to enable them to exercise their powers or perform their functions; and
• allow representatives paid time off to attend approved health and safety training, and pay the course fees and any other reasonable costs.

An employer may establish a health and safety committee at a workplace at its own initiative, and must do so at the request of a health and safety representative, or five or more workers at the workplace, or if required to do so by Regulations. The composition of the committee should be agreed by the employer and the workers. In all cases, if there is a health and safety representative or representatives at the workplace, at least one such representative must be a member of the committee, and at least half of the members must be workers who are not nominated by the employer.

The main functions of a health and safety committee are to:

• facilitate cooperation between the employer and workers in instigating, developing and carrying out measures designed to ensure health and safety; and
• assist in developing standards, rules and procedures relating to health and safety at the workplace.

Employers must give health and safety committees access to information relating to hazards and workers' health and safety. Employers must allow members of health and safety committees such paid time off as is reasonably necessary to attend committee meetings and to carry out functions as members.

An employer must not discriminate against or dismiss a worker for acting as a health and safety representative or a member of a health and safety committee, or exercising the powers and functions related to these roles.

Trade union officials who hold a "work health and safety entry permit" issued by the health and safety authorities (see Enforcement and penalties) are entitled to enter a workplace during usual working hours to consult on work health and safety matters with members or potential members of the union, and provide advice on these matters. Whilst permits may still be issued and used in these circumstances, from 15 December 2023, the requirement for officials assisting in state or territory work health and safety inquiries to hold an entry permit under the Fair Work Commission has been removed. 

Enforcement and penalties

Responsibility for monitoring and enforcing compliance with health and safety legislation lies primarily with public agencies, known as "regulators", in individual states and territories (see Note). The main regulators are:

• Australian Capital Territory - WorkSafe ACT;
• New South Wales - SafeWork NSW;
• Northern Territory - NT WorkSafe;
• Queensland - Workplace Health and Safety Queensland;
• South Australia - SafeWork SA;
• Tasmania - WorkSafe Tasmania;
• Victoria - WorkSafe Victoria; and
• Western Australia - WorkSafe WA.

Regulators are empowered to require employers and other parties to provide documents, information and evidence that relate to possible contraventions of health and safety legislation, or will assist in monitoring or compliance.

Inspectors employed by regulators have various powers to require compliance with health and safety legislation, investigate contraventions and assist in prosecuting offences. They are entitled to enter workplaces at any time with or without the consent of the person that manages or controls the workplace. When in a workplace, inspectors are empowered to:

• inspect, examine and make enquiries;
• inspect, examine and seize any item, including documents;
• take measurements, conduct tests, and make sketches or recordings;
• take and remove samples for analysis; and
• require any person at the workplace to give them reasonable assistance.

Inspectors' enforcement powers include:

• issuing improvement notices requiring a contravention of health and safety legislation to be remedied by a certain deadline or a likely contravention to be prevented;
• issuing written notices to a workplace to request information, answers to questions, or attendance at an interview within a 30-day period, if the notice is in relation to the original reason for entry;
• issuing prohibition notices forbidding an activity at a workplace from continuing or being carried out in a specific way, if the activity involves a serious risk to a person's health or safety;
• applying to a court for an injunction to require a party to comply with one of the above notices; and
• issuing infringement notices, involving on-the-spot fines, as an alternative to prosecution for certain offences (see below).

After a workplace incident, external investigations can also be performed by the police or emergency officers, who have a right to attend the site, interview witnesses and collect evidence. Investigations may also be conducted by private enquiry agents or consultants acting on behalf of a workers' compensation or public liability insurer (see Compensation for occupational injury or illness), although such parties do not have the same rights to compel evidence to be given by witnesses.

Regulators and the Director of Public Prosecutions may prosecute an employer or other duty holder (see General) for committing criminal offences under health and safety legislation. There are three general categories of offence, these being:

• category 1, where a duty holder, without reasonable excuse, engages in conduct that recklessly or negligently exposes a person to a risk of death or serious injury or illness;
• category 2, where a duty holder fails to comply with a health and safety duty and thereby exposes a person to risk of death or serious injury or illness; and
• category 3, where a duty holder fails to comply with a health and safety duty.

Under the new rules, which came into force in September 2023, regulators have an 18-month period (previously a 12-month period) to bring a Category 1 or Category 2 offence.

From 1 July 2024, the penalties, on conviction, for the various offences depend on the nature of the party who committed the offence:

• Where the offence is committed by a corporation, the maximum penalty is a fine of AUD 11,561,000 for category 1 offences, AUD 2,318,000 for category 2 offences and AUD 776,000 for category 3 offences.
• Where the offence is committed by an individual acting as an employer or other "person conducting a business or undertaking", or as an officer (see General), the maximum penalty is a fine of AUD 2,312,000 and/or 15 years' imprisonment for category 1 offences, a fine of AUD 464,000 for category 2 offences and a fine of AUD 115,000 for category 3 offences.
• Where the offence is committed by an individual acting as a worker or other duty holder, the maximum penalty is a fine of AUD 1,156,000 and/or 15 years' imprisonment for category 1 offences, a fine of AUD 232,000 for category 2 offences and a fine of AUD 78,000 for category 3 offences.

Under the offence of "industrial manslaughter" that applies in the Australian Capital Territory (ACT), Northern Territory, Queensland, South Australia, Victoria, Western Australia, New South Wales and Tasmania, a person conducting a business or undertaking (PCBU), or a senior officer of the PCBU, can be prosecuted for industrial manslaughter.

The elements of the offence are slightly different in some states and territories. However, the common features are that:

• a worker dies, or is injured and later dies, while at the workplace; or
• a death occurs, irrespective of whether the death occurred while carrying out work for the business or undertaking; or
• the conduct of the PCBU or senior officer contributed to the death; and
• the conduct of the PCBU or senior officer was negligent or reckless.

The Commonwealth introduced an industrial manslaughter offence under a new section of the Work Health and Safety Act 2011 (Cth) which commenced on 1 July 2024, but it applies only to the public sector.

From 2 October 2024, Tasmania's Work Health and Safety Act 2012 provides an offence for industrial manslaughter.

The maximum penalty for a conviction of industrial manslaughter is:

• ACT - 20 years' imprisonment for an individual and a fine of AUD 16.5 million for a corporation;
• Northern Territory - life imprisonment for an individual and a fine of AUD 12 million for a corporation;
• Queensland - 20 years' imprisonment for an individual and a fine of AUD 16.1 million for a corporation;
• South Australia - 20 years' imprisonment for an individual and a fine of AUD 18 million for a corporation;
• Victoria - 25 years' imprisonment for an individual and a fine of AUD 19.7million for a corporation; and
• Western Australia - 20 years' imprisonment for an individual and a fine of AUD 5 million for a corporation.
• New South Wales - 25 years' imprisonment for an individual and a fine of AUD 20 million for a corporation.
• Tasmania - 21 years' imprisonment for an individual and a fine of AUD 18 million for a corporation.
• Commonwealth - 25 years' imprisonment for an individual and a fine of AU 18 million for a corporation.

A senior officer for the purposes of the industrial manslaughter offence provisions includes:

• a director or secretary of a corporation;
• chief executive officers;
• chief financial officers or chief operations officers;
• general counsel;
• general managers; and
• officeholders in an unincorporated association, eg a club president.

In cases under health and safety legislation, in addition to imposing a penalty (a fine and/or, where relevant, imprisonment), the courts may order other remedies, such as:

• adverse publicity orders, for example compelling the offender to publicise the offence, its consequences and the penalty;
• restoration orders, compelling the offender to take specified action, by a deadline, to remedy the consequences of the offence;
• work health and safety project orders, compelling the offender to undertake a specified project for the general improvement of health and safety, by a deadline; and
• injunctions, requiring the offender to cease contravening the legislation.

In addition to the public regulators, trade unions and health and safety representatives (see Safety representatives) also have a role in investigating contraventions of health and safety legislation, and enforcing compliance.

Trade union officials who hold a general "entry permit" (see Australia: Industrial relations > Trade unions) and have undergone appropriate training may be issued with a specific work health and safety (WHS) entry permit by the health and safety authorities. A WHS entry permit holder is entitled to enter a workplace during usual working hours to enquire into a suspected contravention of health and safety legislation that relates to, or affects, a worker at the workplace who is a member, or eligible to be a member, of the trade union concerned.

While at a workplace enquiring into a suspected contravention, WHS entry permit holders are entitled to inspect relevant systems, substances, structures and so on, inspect and copy relevant documents, consult with workers and the employer, and warn workers of any serious risk to their health or safety. A WHS entry permit holder must generally give the employer notice of entering the workplace. WHS entry permit holders must produce their permit for inspection when requested, and must comply with the health and safety requirements that apply to the workplace concerned.

Compensation for occupational injury or illness

"Workers' compensation" insurance schemes for occupational injury and illness are governed by the legislation of individual states and territories (see Note). The schemes are overseen by the relevant public bodies, these being:

• Australian Capital Territory - WorkSafe ACT;
• New South Wales - the State Insurance Regulatory Authority (SIRA) and Care NSW (icare);
• Northern Territory - NT WorkSafe;
• Queensland - WorkCover Queensland and the Workers' Compensation Regulator;
• South Australia - ReturnToWorkSA;
• Tasmania - WorkCover Tasmania;
• Victoria - WorkSafe Victoria; and
• Western Australia - WorkCover WA.

From September 2023, information can be shared with WorkSafe Australia, where relevant.

The details of workers' compensation schemes vary between states and territories, but the main features are as follows:

• All employers must generally take out specified occupational injury or illness insurance for all their employees. The insurance may be provided by public bodies, approved private insurers or a combination of the two, depending on the state or territory. In some cases, employers may "self-insure" if they meet certain criteria, for example in terms of financial capacity.
• Employers' insurance premiums are set as a percentage of their payroll and vary with the degree of risk of the employers' operations.
• Workers' compensation broadly covers injuries and illnesses arising out of, or in the course of, employment.
• Workers' compensation is in all cases a "no-fault" scheme, and employees do not have to prove negligence on the part of the employer in order to receive benefits.
• Employees who are temporarily absent from work owing to an occupational injury or illness are entitled to incapacity benefits from the workers' compensation scheme. These are generally paid at or near the employee's normal wage for a certain period, and then at a reduced rate for a longer period.
• Workers' compensation schemes generally pay for medical, hospital and nursing expenses, and provide for lump-sum payments for permanent impairments (depending on the level of impairment), survivors' benefits and death benefits.
• Schemes generally include "return to work plans" for employees who have suffered an occupational injury or illness, involving work-related rehabilitation, modification of the workplace and work duties, and retraining, and placing obligations on employers in this area.

In the Northern Territory and South Australia, the existence of a workers' compensation scheme means that employees covered by the scheme who suffer an occupational injury or illness cannot sue their employer under common law for damages, on grounds of negligence, in respect of the injury or illness. In Tasmania, Victoria and Western Australia, the ability of employees to sue under common law is limited, for example by restrictions on the types and amount of damages that can be awarded, or a threshold for the severity of the employee's loss of capacity before they can sue. In the Australian Capital Territory, New South Wales and Queensland, employees' access to common law is not prevented or limited in this way.

However, from September 2023, it is prohibited to enter into a contract of insurance to cover liability for monetary penalties imposed under law.  

Sources/references

At federal level, the main legislation governing health and safety is the "model" Work Health and Safety Act 2011 (Cth) and accompanying Work Health and Safety Regulations 2011 (Cth). The main relevant items of legislation in individual states and territories (based on the federal model, except in Victoria and Western Australia) are:

• Australian Capital Territory - Work Health and Safety Act 2011 (ACT) and Work Health and Safety Regulation 2011 (ACT);
• New South Wales - Work Health and Safety Act 2011 (NSW) and Work Health and Safety Amendment Act 2023 (Cth); 
• Northern Territory - Work Health and Safety (National Uniform Legislation) Act 2011 (NT) and Work Health and Safety (National Uniform Legislation) Regulations (NT);
• Queensland - Work Health and Safety Act 2011 (QLD) and Work Health and Safety Regulations 2011 (QLD);
• South Australia - Work Health and Safety Act 2012 (SA) and Work Health and Safety Regulations 2012 (SA);
• Tasmania - Work Health and Safety Act 2012 (TAS) and Work Health and Safety Regulations 2012 (TAS);
• Victoria - Occupational Health and Safety Act 2004 (VIC) and Occupational Health and Safety Regulations 2017 (VIC); and
• Western Australia - Occupational Safety and Health Act 1984 (WA) and Occupational Safety and Health Regulations 1996 (WA).

Model codes of practice developed by Safe Work Australia and approved by all states and territories (except Victoria and Western Australia) are also relevant to health and safety regulation. There is a Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025, which sets out guidance on how to manage health and safety risks arising from sexual and gender-based harassment at work.

Workers' compensation is governed by the legislation of individual states and territories. The relevant legislation is:

• Australian Capital Territory - Workers Compensation Act 1951 (ACT);
• New South Wales - Workers Compensation Act 1987 (NSW) and Workplace Injury Management and Workers Compensation Act 1998;
• Northern Territory - Return to Work Act 2015 (NT);
• Queensland - Workers' Compensation and Rehabilitation Act 2003 (QLD);
• South Australia - Return to Work Act 2014 (SA);
• Tasmania - Workers Rehabilitation and Compensation Act 1988 (TAS);
• Victoria - Workplace Injury Rehabilitation and Compensation Act 2013 (VIC); and
• Western Australia - Workers' Compensation and Injury Management Act 1981 (WA).