Over the past few months, many clients have told us that while they recognise the importance of Health and Safety Representative (HSR) training, releasing workers from the workplace for five consecutive days, or the traditional three-day and two-day training format, can be challenging. Operational demands, staffing levels, service delivery requirements, and the economic impact of prolonged absences can make attendance difficult, particularly in aged care, manufacturing, logis

A union delegate can also be elected as a Health and Safety Representative (HSR), provided they have been properly elected by the workers in their work group in accordance with the WHS Act. However, the two roles are separate: HSR Union Delegate Elected under the WHS Act by members of a work group. Appointed or elected under union rules. Focuses on health and safety risks. Focuses on industrial and employment interests. Represents all workers in the work group. Represents uni

In the Work Health and Safety (WHS) Act 2011, Section 28 outlines the specific duties of workers. It is designed to ensure that while an employer (PCBU) has the primary duty of care, individuals also carry responsibility for safety in the workplace. WHS Act (NSW) Section 28: Duties of Workers While at work, a worker must: Take reasonable care for his or her own health and safety; and Take reasonable care that his or her acts or omissions do not adversely affect the health and

Work health and safety (WHS) is most effective when it is built on shared understanding, clear roles, and genuine collaboration. One of the key strengths of the WHS framework in Australia is the way it brings together the business, management, workers, and Health and Safety Representatives (HSRs) to manage risks collectively. Understanding the role of HSRs in risk management is essential, not just for compliance, but for creating workplaces where safety systems actually wor

Safe Work Australia has amended the Model WHS Act and Regulations, and while some changes may appear technical, they represent a significant shift in how serious harm, particularly psychological harm, is recognised and reported.

Section / Topic Extract / Legal Requirement Connection to Consultation Section 76 – Constitution of Committee The composition of a health and safety committee is to be agreed between the PCBU and workers. At least half of members must be workers not nominated by the PCBU. If no agreement, an inspector can decide. (NSW Legislation) This agreement mechanism is directly tied to consultation obligations — committees only exist if workers and PCBU agree or a regulator decides. Con

The NSW WHS Act 2011 has recently been amended. These amendments have included an increase in the penalty rates for WHS breaches. ....

Serious workplace incidents, worker fatalities, and life‑altering injuries rarely occur in the absence of prior warning signs. Repeatedly, investigations, coronial inquiries and court decisions show that the most common systemic failure is not the absence of written safety systems, but the failure of those systems to be informed by meaningful consultation. Consultation failures are consistently identified as a root cause of serious harm.

The management of psychosocial hazards and risks in New South Wales workplaces is entering a new era. From 13 October 2025, the Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025 introduces section 26A (to commence on 1.7.2026) to the WHS Act 2011 (NSW), transforming approved Codes of Practice including the Managing Psychosocial Hazards at Work (2021) Code from advisory guidance into legally enforceable compliance benchmarks. In parallel,

Victoria’s workplace health and safety regulator, WorkSafe Victoria, recorded 12 workplace fatalities in the 12 months to 21 November 2025. Twelve preventable deaths in one year, in industries where the hazards and controls are well known is an unacceptable toll by any measure. The causes remain unchanged: structural collapses, unguarded machinery, falls from height, fatigue-related vehicle incidents, and chemical explosions, concentrated in construction, agriculture, manufac

Two recent bullying cases addressed by the Fair Work Commission highlight a need to understand what is bullying and what are “reasonable management actions."

In many small businesses, directors are not only decision-makers but are also directly involved in day-to-day activities. This hands-on involvement brings unique advantages, but it also increases accountability under Work Health and Safety (WHS) law. Directors are recognised as “officers” of a Person Conducting a Business or Undertaking (PCBU) and, as such, carry significant legal obligations. Their foremost responsibility is to ensure the business maintains an effective WHS

The following is from our associates at Kingston Reid Lawyers in Sydney. This article is written by Special Counsel Kate Curtain who is a senior member of the firm’s national safety and regulatory team. She can be contacted at Kate.Curtain@kingstonreid.com Kingston Reid and Kate have kindly given us permission to reproduce a briefing given to us about the proposed amendments to the WHS Act for public view: Date: 3 June, 2025. Amendments have been proposed for the Work Health