Australian Work Safety Law Changes: OHS vs WHS
The majority of Australian states and all territories have transitioned from Occupational Safety and Health (OHS) Regulations to adopt Work Health and Safety (WHS) compliance acts. This change was introduced to create a consistent national framework for workplace safety laws across all states and territories.
Prior to the change, each state and territory had its own OHS acts that they adhered to, creating various inconsistencies. WHS regulations were created to harmonise various laws and systems under a singular framework. This way, each state and territory has unified systems to identify hazards, manage risks, and protect the physical and psychological welfare of all workers.
Differences Between OHS & WHS Regulations
OHS:
Occupational Health and Safety (OHS) refers to the former state and territory laws that governed workplace safety in Australia. OHS legislation placed duties primarily on employers and set prescriptive requirements for specific hazards, plant, hazardous substances, and high-risk work.
WHS:
Work Health and Safety (WHS) is the national model framework that replaced OHS across all adopting jurisdictions. The WHS Act and its supporting regulations set out duties for identifying hazards, managing risks, consulting with workers, and notifying incidents. Approved codes of practice sit alongside the regulations as practical guidance and are automatically admissible as evidence in court proceedings.
The Reasoning Behind the Change
Before 2012, each state had their own act, terminology, and duty holders. Businesses operating in WA were governed by the Occupational Safety and Health Act 1984 and the Occupational Safety and Health Regulations 1996, whereas NSW-based businesses operated under the Occupational Health and Safety Act 2000 and the Occupational Health and Safety Regulation 2001.
This presented inconsistencies in duty holders, penalties, and compliance regimes across the states. Businesses across multiple states found this especially challenging due to the differences in terminology and regulatory requirements.
Adoption Timeline
| Jurisdiction | Previous OHS Acts and Regulations | WHS Act | Commenced |
| Commonwealth | Occupational Health and Safety (Commonwealth Employment) Act 1991 + OHS (Commonwealth Employment) Regulations 1991 | Work Health and Safety Act 2011 (Cth) | 1 Jan 2012 |
| NSW | Occupational Health and Safety Act 2000 + OHS Regulation 2001 | Work Health and Safety Act 2011 (NSW) | 1 Jan 2012 |
| QLD | Workplace Health and Safety Act 1995 + Workplace Health and Safety Regulation 1997 | Work Health and Safety Act 2011 (Qld) | 1 Jan 2012 |
| ACT | Occupational Health and Safety Act 1989, then Work Safety Act 2008 | Work Health and Safety Act 2011 (ACT) | 1 Jan 2012 |
| NT | Work Health Act 1986 | Work Health and Safety (National Uniform Legislation) Act 2011 | 1 Jan 2012 |
| SA | Occupational Health, Safety and Welfare Act 1986 + OHSW Regulations 1995 | Work Health and Safety Act 2012 (SA) | 1 Jan 2013 |
| TAS | Workplace Health and Safety Act 1995 + Workplace Health and Safety Regulations 1998 | Work Health and Safety Act 2012 (Tas) | 1 Jan 2013 |
| WA | Occupational Safety and Health Act 1984 + OSH Regulations 1996 | Work Health and Safety Act 2020 (WA) | 31 Mar 2022 |
| VIC | Occupational Health and Safety Act 2004 + OHS Regulations 2017 (still in force) | — | — |
*Victoria hasn’t adopted WHS Acts since the model is based on their own OHS Act 2004*
DISCLAIMER: Safemaster has compiled a range materials to assist you better understand the differences between OHS Regulations and WHS Regulations/Act and Codes of Practice. This article is not an instruction manual, and should not be considered a substitute for competent instruction.
