Model WHS Laws

We created the model WHS laws in 2011.

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WHS laws in your jurisdiction

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Data and Research

We collect, analyse and publish data and information on work health and safety and workers' compensation.

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Key work health and safety statistics

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Resources and Publications

We publish a wide range of resources covering many work health and safety topics.

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Read our Codes of Practice

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You and your boss need to follow some rules to make sure you stay safe at work. You must both also make sure you’re thinking about the risks at work and how to reduce them

What your boss needs to do to keep you safe 

Your boss must: 

  • show you how to do your job safely or make sure someone shows you how to do your job safely 

  • make sure there is someone to watch out for you 

  • not ask you to do anything that needs a special licence – like drive a car, a crane or a forklift – if you don’t have the right licence 

  • have the right tools and equipment for you to do your job safely 

  • give you safety equipment if you need it to do your job 

What you need to do to keep yourself safe 

In Australia, the law says you may ask questions about the work someone asks you to do.  

You can also say no if they ask you to do work that could hurt you. 

Under Australian law, you must: 

  • be fit enough to do your job 

  • be well enough to do your job 

  • do what your boss tells you, as long as it’s fair – if you think it’s not safe or it could hurt you, you may refuse to do it 

  • not be under the influence of alcohol or drugs while at work 

  • not do anything that would hurt yourself or anyone else at work 

If you get hurt, don’t be afraid that you will get into trouble. Even if you have made a mistake, you should report the injury and ask for help. 

What to do if you get hurt at work 

If you get hurt or injured, see a doctor or a nurse straight away. You can choose who that is, whether they are: 

  • your own doctor 

  • a local doctor 

  • a doctor or a nurse at work 

The doctor can give you a certificate to show your boss. 

Tell your boss if you are hurt. You might need to fill in a form called an incident report. If you can, try to fill it in before you go home. If you need help to fill in the form, ask someone to help you. 

In the form, you will need to explain what happened and how you got hurt.  

It’s very important to fill in this form. It may affect your workers’ compensation. 


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Further Advice

SWA is not a regulator and cannot advise you about WHS issues in the workplace. If you need help please contact your state or territory work health and safety authority.

The Fair Work Ombudsman is a government office that helps bosses and workers understand rights and responsibilities at work.  

Call the Fair Work Ombudsman office:  

13 13 94