Model Work Health and Safety Regulations
The model Work Health and Safety (WHS) Regulations set out more detailed requirements to support the duties in the Model Work Health and Safety (WHS) Act. They are model provisions only. To be legally binding they need to be enacted or passed by Parliament in each jurisdiction.
Work health and safety laws are state, territory and Commonwealth-based laws.
Information about jurisdictions that have enacted the model WHS laws can be found here.
The model WHS Regulations were developed from a three-staged process as outlined in the Intergovernmental Agreement for Regulatory and Operational Reform in OHS, including a comprehensive public comment process.
The model WHS Regulations were finalised in November 2011 and revised to incorporate technical amendments in January 2014.
Explanatory Statement for the model Work Health and Safety (WHS) Regulations
The Explanatory Statement accompanies the model WHS Regulations and was first published in November 2011. It explains how individual provisions are intended to work.
Guide to the model Work Health and Safety (WHS) Regulations
The Guide to the model Work Health and Safety (WHS) Regulations provides a broad, plain-english overview of the model WHS Regulations.
National exemption framework
Safe Work Australia’s National exemption framework encourages a nationally consistent approach to granting exemptions under WHS laws, wherever possible.
The framework guides the granting, refusal, amendment or cancellation of exemptions by regulators.
The package contains:
- the agreed national principles to guide exemption decision making [the agreed national principles to guide exemption decision makingpdf 33kB | the agreed national principles to guide exemption decision makingdocx 46kB]
- a guide for exemption applicants [ a guide for exemption applicantspdf 79kB | a guide for exemption applicantsdocx 63kB ]
— this should be read in conjunction with material provided by your state or territory work health safety regulator
- an example exemption application form [ an example exemption application formpdf 45kB | an example exemption formdocx 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 [ an example exemption decision documentpdf 36kB | an example exemption decision documentdocx 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 the regulator in your jurisdiction.