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Main laws

Commonwealth Act

Work Health and Safety Act 2011 (Cth)

The Commonwealth Work Health and Safety Act sets WHS duties for the Comcare/Commonwealth jurisdiction.

In forceCommonwealthPlain-English guide5 practical checks

Plain-English explainers, not legal advice. Check the linked official source before you rely on a specific section, and get advice for your situation.

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Quick read

  • The Commonwealth Work Health and Safety Act is not the everyday WHS law for every private small business in Australia.
  • Most private businesses start with their state or territory WHS or OHS Act.

Likely relevant if

  • Commonwealth public authorities and businesses in the Comcare WHS jurisdiction
  • Certain self-insured licensees under the Commonwealth workers compensation scheme
  • Contractors, suppliers and facilities businesses working in Commonwealth-controlled workplaces

Check first

  • Confirm whether the Commonwealth WHS Act applies, or whether the relevant state or territory WHS/OHS law is the correct starting point.
  • Manage health and safety risks to workers and others so far as is reasonably practicable.
  • Consult workers and coordinate with other PCBUs where duties overlap.

Start here

If you are a normal private business, first ask: which WHS law applies where the work is happening? For a cafe, ecommerce warehouse, construction subcontractor or office business, that will usually be the state or territory law.

The Commonwealth Act becomes important when the work sits in the Comcare system or connects with Commonwealth workplaces. Think Commonwealth agencies, public authorities, certain self-insured licensees, or contractors working where Commonwealth control is part of the site or activity.

Key takeaways

  • Use this page as a Commonwealth-jurisdiction guide, not as a substitute for your state or territory WHS page.
  • If you contract with a Commonwealth agency, check the contract, site rules and who controls each risk.
  • Officer due diligence is a governance duty, not just a safety-manager task.

When it matters

SituationWhat to check
You run an ordinary private businessStart with the state or territory WHS or OHS Act where the work is done.
You contract to a Commonwealth agencyCheck site access, induction, incident reporting, insurance, safety management and who controls the workplace.
You are a Comcare-covered employer or licenseeTreat the Commonwealth Act, regulations, Comcare guidance and internal governance as the core WHS framework.
You share a site with other businessesWork out who controls each risk and how PCBUs will consult, cooperate and coordinate.

Practical checks

Sense check

  • Confirm whether the Commonwealth, state or territory WHS regime applies to the work.
  • List the main physical and psychological hazards in the actual workplace.
  • Assign responsibility for risk controls, training, supervision and incident reporting.
  • Keep consultation records with workers and other PCBUs where duties overlap.
  • Make officers' WHS reporting regular enough that directors can verify the system is working.

Officers and incidents

Comcare guidance treats officer due diligence as an active duty. It is not enough for leaders to assume safety is being handled somewhere in the business. Officers need enough WHS knowledge, enough understanding of the work, and enough reporting to verify that hazards, incidents, consultation, training and compliance processes are actually working.

Incident response should also be planned before something goes wrong. Covered PCBUs need clear internal reporting lines so serious injuries, illnesses, dangerous incidents and site-preservation issues can be escalated quickly.

Plain-English glossary

PCBU
A person conducting a business or undertaking. It is the core WHS duty holder in harmonised WHS laws.
Comcare jurisdiction
The Commonwealth WHS jurisdiction, including Commonwealth public authorities and certain Comcare-covered employers or licensees.
Officer due diligence
A proactive duty on officers to make sure the PCBU has and uses WHS resources, information, processes and verification.
Reasonably practicable
The safety standard that weighs likelihood, possible harm, knowledge of the risk, available controls and cost.

Common questions

Is this the main WHS law for every Australian business?

No. Most private businesses use the WHS or OHS Act for the state or territory where the work is done. The Commonwealth Act is most important for Commonwealth public authorities, Comcare-covered employers and some businesses working with or at Commonwealth workplaces.

Why should a small business still know about it?

It can matter if you supply, contract to or share a workplace with a Commonwealth agency, public authority or Comcare-covered entity. It is also useful for understanding the harmonised WHS concepts used across many jurisdictions.

What should directors and senior managers check?

They should check whether the business is a PCBU in the relevant jurisdiction, whether officers have due diligence duties, and whether the business has real processes for hazards, incidents, consultation, training and contractor coordination.

Related topics

Work Health & SafetyEmployment & Workplace

How Sprintlaw can help

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Update history

New7 June 2026

Commonwealth WHS Act added

The Commonwealth Work Health and Safety Act 2011 has been added with a jurisdiction-aware guide for Comcare-covered employers, public authorities and contractors working with Commonwealth workplaces.