What an approved code is, whether you have to follow it, and the legal weight it carries
A WHS code of practice is a practical, topic-by-topic guide on how to meet your duties under the WHS Act and Regulations. Codes are not law in themselves, but once approved in a jurisdiction they are admissible in court: a court can treat an approved code as evidence of what is known about a hazard and rely on it to decide what was reasonably practicable. You can follow the code, or use a different method that gives an equal or higher standard — but you have to be able to prove it.
It is a practical “how to comply” document for a specific health and safety topic.
Where the Act sets broad duties and the Regulations add detailed requirements, a code of practice translates those into plain, workable steps for a particular issue — managing noise, working at height, handling hazardous chemicals, managing psychosocial hazards, and so on. It is the clearest statement of what good compliance looks like in practice for that topic. Codes are developed as model codes by Safe Work Australia and then approved jurisdiction by jurisdiction. (For the wider structure, see our model WHS laws guide.)
No — but they carry real legal weight.
An approved code is not legislation, so you are not prosecuted for “breaching a code.” However, the WHS Act gives approved codes a special status: they are automatically admissible in court proceedings. A court may regard an approved code as evidence of what is known about a hazard, risk or control, and may rely on it to determine what was reasonably practicable in the circumstances. In other words, if your industry has a code for a risk and you ignored it without a sound alternative, that is a serious problem if something goes wrong.
Inspectors can also point to an approved code when issuing an improvement or prohibition notice, so codes shape day-to-day enforcement as well as court outcomes.
Follow the code, or use an equivalent or better method — and keep proof.
Following an approved code will, in most cases, achieve compliance with your duties for that topic. You are allowed to manage the risk a different way, but only if your approach provides a standard of health and safety that is equivalent to or higher than the code — and you can demonstrate it. That “or prove it” condition is the catch: the code is the safe default precisely because deviating from it puts the onus on you.
The relevant Minister approves a code under section 274 of the WHS Act, and a model code only takes effect where it has been approved.
Safe Work Australia writes the model codes, but they do not apply anywhere automatically. Each jurisdiction's Minister must approve a code for it to have effect there, and some jurisdictions adapt or supplement the model. That is why two states can have slightly different codes on the same topic — and why you should always check which codes are approved by your own regulator.
Both help you comply, but only approved codes have that special evidentiary status.
| Approved code of practice | Guidance material | |
|---|---|---|
| Purpose | How to comply with a duty for a specific topic. | General help and good-practice information. |
| Legal status | Admissible in court; courts may rely on it for “reasonably practicable.” | Not an approved code; offers wider discretion to choose your approach. |
| How it is made | Approved by the Minister under the WHS Act. | Published by a regulator or Safe Work Australia as guidance. |
Guidance can still contribute to the “state of knowledge” about a hazard, but it does not carry the approved-code status. Source: Safe Work Australia; NT WorkSafe.
There are model codes across most major safety topics. Frequently used ones include:
Availability and titles vary by jurisdiction — check the approved codes listed by your regulator.
New Zealand works the same way in principle: approved codes of practice plus regulator guidance.
Under New Zealand's Health and Safety at Work Act 2015, approved codes of practice can likewise be admitted in proceedings as evidence relevant to a duty, and WorkSafe NZ publishes good-practice guidelines alongside them. So whether you operate in New Zealand, Australia, or both, the practical takeaway is the same: know the approved codes for your hazards and follow them unless you can prove a better method.
General information, not legal advice. Which codes are approved, and their content, vary by jurisdiction and change over time. Always check the current approved codes with your WHS regulator.
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Not in the sense of being legislation — you are not prosecuted for breaching a code. But an approved code is admissible in court, and a court may rely on it as evidence of what is known about a hazard and what was reasonably practicable. Ignoring a relevant code without a sound alternative is a serious legal risk.
You should either follow the code or use a method that achieves an equivalent or higher standard of health and safety — and be able to prove it. Following the approved code is the straightforward way to show you met your duty for that topic.
The relevant Minister approves a code under section 274 of the WHS Act. Safe Work Australia writes the model codes, but each model code only has legal effect in a jurisdiction once that jurisdiction's Minister approves it.
An approved code of practice has a special status — it is admissible in court and courts may rely on it to decide what was reasonably practicable. Guidance material helps you comply and can inform the state of knowledge about a hazard, but it does not carry that approved-code status and allows wider discretion.
Yes, in principle. New Zealand has approved codes of practice under the Health and Safety at Work Act 2015 that can be admitted in proceedings, alongside WorkSafe NZ good-practice guidelines. The practical rule is the same on both sides of the Tasman: follow the approved codes for your hazards unless you can prove a better method.
