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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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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What is working from home?

Working from home means workers work from their own home, alone or with other household members present.

Arrangements may be ongoing, temporary or ad hoc, and for all or part of a worker’s hours. These arrangements may be put in place to suit the needs of the employer (e.g. downsizing offices), the worker (e.g. less commuting or more flexibility) or due to external factors (e.g. public health directions or severe weather events). 

Information for workers:

What if I’m injured while working at home?

Generally, workers are covered for workers’ compensation when working from home. For specific information about making a workers’ compensation claim, your coverage while working from home, or how a claim is assessed, please contact the workers’ compensation authority in your state or territory.

Am I covered while taking a break when working from home?

Just like working in an office or ‘onsite’, workers are generally covered for workers’ compensation when an injury occurs during a break, such as an ‘ordinary recess’ (e.g., a break taken at a regular time of day) or shorter breaks to go to the bathroom or access refreshments.

Information for employers:

Do I need workers' compensation insurance for workers who work at home?

Just like working in an office or ‘onsite’, employers must have workers’ compensation insurance to cover their workers wherever they are working, including when working from home. For specific information on your requirements, please contact the workers’ compensation authority in your state or territory.

What if my workers are working from home in a different area of Australia?

Workers who usually work in a different state or territory will often require different workers’ compensation insurance. Check with the workers’ compensation authority where your workers are working to ensure you have the correct insurance policies.

Both employers and workers have legal duties to protect people from risks arising from work, including when working from home. For more information, see the Working from home PCBU information sheet and the Working from home worker information sheet.

More information on workers’ compensation

Workers’ compensation provides an important safety net to support workers who become injured or ill because of work.  For more information, see What is workers’ compensation? and How does workers’ compensation help?


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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.

COVID-19  

You may be required under state or territory law to allow your workers to work from home due to COVID-19. Refer to the Safe Work Australia COVID-19 - Working from home webpage for specific guidance.