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The purpose of the Work Health and Safety laws (WHS laws) is to protect the health, safety and welfare of employees, volunteers and other persons who are at, or come in to contact with a workplace.
Different laws exist in each state and territory. New South Wales, South Australia, Queensland, the Northern Territory and Tasmania have ‘harmonised’ their WHS laws by enacting similar legislation, based on an agreed ‘model’ WHS Act. This means that in most states and territories and at the Commonwealth level, WHS laws impose similar obligations.
Victoria and Western Australia have not yet adopted the Model Laws and have retained their own Occupational Health and Safety (OHS) and Occupational Safety and Health (OSH) legislation. See our guides for Victoria and Western Australia below.
Each jurisdiction has its own regulator to oversee and enforce work health and safety and administer workers' compensation schemes in its state or territory.
National guide to work health and safety laws
Read Not-for-profit Law's national guide on 'Community organisations and work health and safety laws' covering when WHS Laws apply to not-for-profit organisations and key WHS duties.
In Victoria, WHS in the workplace (referred to as occupational health and safety) is regulated by the Occupational Health and Safety Act 2004 (Vic) (the OHS Act) and the Occupational Health and Safety Regulations 2007 (Vic) (collectively, Victoria's OHS laws). There are different laws in other States and Territories and your organisation will need to check these if it operates outside of Victoria (you can view information about other jurisdictions by adjusting your jurisdiction selection in the toolbar at the top of this page).
The laws set out various duties that organisations and individuals must comply with in the workplace. The laws are regulated and enforced by a Victorian government authority known as the Victorian Worksafe Authority (WorkSafe). Worksafe may prosecute organisations that breach (do not comply with) the OHS law duties that they are required to comply with.
Because a lot of the information and advertisements about Victoria’s OHS laws mention or depict businesses, some people think that the laws only apply to for-profit, business organisations. This is not correct. The OHS Act is very broad and has the potential to apply to all Victorian community organisations (both incorporated and unincorporated). The OHS Act will apply to all community organisations that have employees, but may also apply to community organisations that are completely volunteer-based where they operate in a 'workplace'.
The information on this website is intended as a guide only, and is not legal advice. If you or your organisation has a specific legal issue, you should seek advice before making a decision about what to do.
For comprehensive information, see Not-for-profit Law's Guide to Victoria's OHS Laws. This includes information on:
- how Victoria's OHS laws apply to not-for-profit community organisations
- specific duties under Victoria's OHS laws
- who may be legally responsible under Victoria's OHS laws and what liability can flow from breaches of OHS
- steps to comply with Victoria's OHS laws and other employee safety obligations
- what to do if there is a workplace incident - initial response and notification requirements, and
- powers of the Victorian WorkCover Authority.
Child safety
When you work with children, you have a legal responsibility to ensure their physical, mental and emotional safety. In addition to the duty of care your community organisation owes employees, clients and possibly members of the public, you should consider the special responsibilities you may have in relation to children that your organisation comes into contact with when providing services.
The following fact sheet covers Victoria’s new compulsory Child Safe Standards and aims to help community organisations strengthen their child safety practices.
Extra Resources
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This link is to the website of the Victorian government agency that has responsibility for monitoring occupational health and safety laws in Victoria.
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This WorkSafe handbook includes general health and safety information for people who manage volunteers in community services organisations.
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This WorkSafe fact sheet outlines the health and safety responsibilities of volunteers who are members of a board or committee of management in the community services sector.
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This page of the WorkSafe Victoria website provides an overview of the main legal obligations under Victoria's occupational health and safety laws. It has links to a page of the main employer obligations and main worker obligations under the Act.
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This Worksafe publication provides information about health and safety rights and responsibilities for volunteers in community service organisation
These VA quick guides provide information for volunteer-involving organisations on their obligations in ensuring the occupational health and safety of their volunteers. The VA has a guide for each state.
In Western Australia, WHS in the workplace (referred to as occupational safety and health) is regulated by the Occupational Safety and Health Act 1984 (WA) and the Occupational Safety and Health Regulations 1996 (WA) (WA OSH laws). There are different laws in other States and Territories and your organisation will need to check these if it operates outside of Western Australia (you can view information about other jurisdictions by adjusting your jurisdiction selection in the toolbar at the top of this page).
The laws set out various duties that organisations and individuals must comply with in the workplace. The laws are regulated and enforced by a Western Australian government authority known as Worksafe WA (WorkSafe). Worksafe may prosecute organisations that breach (do not comply with) the OSH law duties that they are required to comply with.
WA OSH Laws will apply to all community organisations that have employees, but may also apply to community organisations that are completely volunteer-based where they operate in a 'workplace'.
The information on this website is intended as a guide only, and is not legal advice. If you or your organisation has a specific legal issue, you should seek advice before making a decision about what to do.
Not-for-profit Law's Guide to OSH Laws includes information on:
- how WA OSH laws apply to not-for-profit community organisations
- specific duties under WA OSH laws
- who may be legally responsible under WA OSH laws and what liability can flow from breaches of OSH
- steps to comply with WA OSH laws and other employee safety obligations
- what to do if there is a workplace incident - initial response and notification requirements, and
- powers of WorkSafe WA.
Extra Resources
- Guide to the model Work Health and Safety Act published by Safe Work Australia
- Guide to the model Work Health and Safety Regulations published by Safe Work Australia
- The Essential Guide to Work Health and Safety for Volunteers published by Safe Work Australia
