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Health and safety legislation
Last updated April 2025
This chapter outlines the health and safety legislation in each jurisdiction in Australia, and what differences exist between jurisdictions.
What health and safety legislation must you comply with?
Every business in Australia must comply with the health and safety legislation that applies in their jurisdiction.
Every jurisdiction in Australia except Victoria has adopted a Work Health and Safety Act (WHS Act) based on the model WHS Act (read more). Persons conducting a business or undertaking (PCBUs) in these jurisdictions must comply with the relevant WHS Act.
Definition: Person Conducting a Business or Undertaking (PCBU)
A PCBU is a person, corporation, partnership or association that conducts a business or undertaking. The business or undertaking can either be for profit or not-for-profit, and may be conducted by a single person or multiple people, e.g. in partnerships, each partner is a PCBU.
A PCBU is a person, corporation, partnership or association that conducts a business or undertaking. The business or undertaking can either be for profit or not-for-profit, and may be conducted by a single person or multiple people, e.g. in partnerships, each partner is a PCBU.
Businesses operating in Victoria are subject to the Occupational Health and Safety Act 2004 (OHS Act) (read more).
Important: All health and safety legislation impose a general duty of care on PCBUs or employers to take all reasonably practicable steps to ensure the health and safety of workers or employees and others affected by their business.