Why the harmonised states still vary — and how Victoria's OHS Act stands apart
Most of Australia runs on the harmonised model WHS laws, but each jurisdiction enacts its own version and makes variations — and Victoria sits outside the model entirely, with its own Occupational Health and Safety Act 2004. Penalties, industrial manslaughter, psychosocial rules, licensing administration and the regulator all differ by where the work is done. If you operate across borders, you cannot assume one state's rules apply in another.
Adopting the model WHS laws got Australia most of the way to a single rulebook — but not all the way.
Eight jurisdictions have enacted the model WHS Act, Regulations and Codes, which means the big duties line up. But each can — and does — make variations to fit its own drafting and processes, and approves its own codes. Safe Work Australia even publishes a cross-comparison table because the differences are real enough to matter. The headline structure is shared; the detail is local.
Victoria never adopted the model WHS laws and runs a separate regime.
Victoria's workplace safety law is the Occupational Health and Safety Act 2004, administered by WorkSafe Victoria. The duties and protections are broadly similar in spirit, but the language and some concepts differ — for example, Victoria's primary duty holder is the “employer” rather than the “PCBU” used in the model laws. Victoria also has its own “workplace manslaughter” offence (under the OHS Act) and its own, standalone psychosocial rules in the Occupational Health and Safety (Psychological Health) Regulations 2025. If you operate in Victoria, you cannot assume the model-law wording applies.
Even among the eight model-law jurisdictions, key things vary.
| Jurisdiction | Main safety Act | Regulator |
|---|---|---|
| New South Wales | WHS Act 2011 (NSW) | SafeWork NSW |
| Victoria | OHS Act 2004 (Vic) | WorkSafe Victoria |
| Queensland | WHS Act 2011 (Qld) | Workplace Health and Safety Queensland |
| Western Australia | WHS Act 2020 (WA) | WorkSafe WA |
| South Australia | WHS Act 2012 (SA) | SafeWork SA |
| Tasmania | WHS Act 2012 (Tas) | WorkSafe Tasmania |
| Australian Capital Territory | WHS Act 2011 (ACT) | WorkSafe ACT |
| Northern Territory | WHS (NUL) Act 2011 (NT) | NT WorkSafe |
| Commonwealth | WHS Act 2011 (Cth) | Comcare |
Act names and regulators are summarised; always confirm the current legislation with the relevant regulator. Source: Safe Work Australia and state regulators.
Run one system, but make it jurisdiction-aware.
Because the foundations are shared, you can build a single health and safety system rather than one per state. The discipline is to overlay the local specifics: confirm the Act, regulations, approved codes, penalties and regulator for each place you work, and pay particular attention if any of that work is in Victoria. The trans-Tasman version of the same discipline is covered in our operating across NZ and Australia guide.
General information, not legal advice. WHS requirements vary by jurisdiction and change over time. Always confirm the current rules with the relevant regulator.
Get a health and safety system built on what is shared, ready to overlay local specifics. Book a demo and we'll show you how it works — free 30-day trial included.
Not exactly. Eight jurisdictions have adopted the harmonised model WHS laws, so the core duties are shared, but each makes its own variations and approves its own codes. Victoria is separate altogether, with its own Occupational Health and Safety Act 2004.
Victoria did not adopt the model WHS laws and runs its own regime under the OHS Act 2004, administered by WorkSafe Victoria. Some concepts differ — for instance, the primary duty holder is the “employer” rather than the “PCBU” — and Victoria has its own workplace manslaughter offence and standalone psychosocial regulations.
Not necessarily. The shared foundations help, but penalties, industrial manslaughter, psychosocial rules and licensing administration vary by jurisdiction, and Victoria's regime differs more substantially. Confirm the requirements for each place you operate.
Each jurisdiction has its own regulator — for example SafeWork NSW, WorkSafe Victoria, Workplace Health and Safety Queensland, WorkSafe WA and Comcare for the Commonwealth scheme. Safe Work Australia writes the model laws but does not enforce them.
