Workplace Health & Safety Law glossary
Australia operates a harmonised model WHS regime across most jurisdictions, with Victoria and Western Australia running parallel regimes (OHS Act 2004 (Vic); WHS Act 2020 (WA)). This glossary covers 40 of the most commonly used terms across those regimes.
This is a glossary of 40 key terms used in Australian workplace health and safety law. Each term has a plain-English definition and, where applicable, a reference to the model WHS Act — in force as the Work Health and Safety Act 2011 (NSW) and equivalents.
Definitions
Category 1 offence
The most serious WHS offence — reckless conduct by a PCBU or officer exposing a worker to risk of death or serious injury. Carries maximum penalties.
Category 2 offence
A mid-tier offence — failure to comply with a health and safety duty exposing a person to risk of death or serious injury or illness.
Category 3 offence
The lowest-tier offence — a contravention of a health and safety duty (no exposure required).
Code of Practice (WHS)
Practical guidance on achieving WHS standards. Admissible as evidence of what is reasonably practicable.
Compliance notice
A written notice issued by a WHS inspector requiring a PCBU to remedy a contravention within a specified time.
Consultation
The statutory duty of PCBUs to consult with workers and with other duty holders whose duties overlap.
Due diligence
The active duty on officers to ensure the PCBU complies with its WHS duties — acquire knowledge, understand hazards, verify resources.
Enforceable undertaking
A written undertaking accepted by the regulator as an alternative to prosecution. Must deliver safety, industry, and community benefits.
Entry permit holder
A union official holding an entry permit — can enter workplaces to investigate suspected contraventions or consult workers under the WHS Act.
Hazard
A situation or thing that has the potential to harm a person. A precursor concept to risk assessment.
Health and safety committee
A committee established at a workplace to facilitate consultation between the PCBU and workers on WHS matters.
Health and safety representative (HSR)
A worker elected to represent a work group on WHS matters. Has extensive statutory powers to investigate hazards and issue PINs.
Hierarchy of control
The preferred order of risk controls — elimination, substitution, engineering, administrative, personal protective equipment.
Improvement notice
A notice issued by a WHS inspector requiring remediation of a contravention or likely contravention within a specified time.
Incident notification
The duty to notify the regulator of a notifiable incident — death, serious injury or illness, or dangerous incident.
Industrial manslaughter
A separate criminal offence (in Qld, Vic, ACT, NT, WA) for negligent conduct causing a worker's death. Attracts severe penalties.
Manifest danger
A risk that is clearly identifiable and serious — the threshold for issuing a prohibition notice to stop work.
Model WHS Act
The Work Health and Safety Act developed by Safe Work Australia and adopted (in slightly varying form) by most Australian jurisdictions.
Notifiable incident
The death of a person, a serious injury or illness of a person, or a dangerous incident arising out of work — triggers notification.
Officer
A person who makes, or participates in making, decisions affecting the whole or a substantial part of the PCBU — has due diligence duty.
PCBU
A Person Conducting a Business or Undertaking — the central duty holder under the WHS Act. Broader than employer.
PIN (Provisional Improvement Notice)
A notice issued by an HSR requiring a duty holder to remedy a contravention. Subject to internal review and regulator confirmation.
Primary duty of care
The PCBU's primary duty under s 19 of the WHS Act to ensure, so far as reasonably practicable, the health and safety of workers and others.
Prohibition notice
A notice issued by a WHS inspector prohibiting the carrying on of an activity that involves an immediate or imminent serious risk.
Prosecution
Criminal enforcement by the WHS regulator for a WHS offence — initiated within 2 years of the alleged offence or first becoming aware.
Psychosocial hazard
A workplace hazard arising from psychosocial risks — bullying, excessive workload, poor support. Codes of Practice now require active management.
Reasonably practicable
The statutory standard for most WHS duties. Balances likelihood and severity of harm against the availability and cost of controls.
Reckless conduct
Conduct undertaken with foresight of, and indifference to, a substantial risk of harm. The mental element of a Category 1 offence.
Regulator
The statutory body enforcing WHS law — for example, SafeWork NSW, WorkSafe Victoria, WorkSafe WA.
Right of entry
The right of an entry permit holder to enter workplaces under the WHS Act to investigate suspected contraventions or consult workers.
Risk assessment
The process of identifying hazards, assessing risks, and determining control measures. A core step in meeting the primary duty of care.
Safe Work Australia
The national policy agency responsible for developing and maintaining the model WHS laws and Codes of Practice.
SafeWork NSW
The NSW WHS regulator, responsible for investigating, inspecting, and prosecuting WHS breaches in NSW.
Sentencing (WHS)
The court's determination of penalty for a WHS offence. Factors include foreseeability of risk, culpability, cooperation, and personal circumstances.
Serious injury or illness
An injury or illness that requires immediate admission as an in-patient, immediate medical treatment for specified conditions, or is occupational in nature (for example, infectious disease).
Supply chain duty
The WHS duty on upstream parties (designers, importers, suppliers) to ensure plant, substances, and structures are without risks to health and safety.
Ticket of work
A high-risk work licence required for specified work (for example, scaffolding, rigging, cranes) under WHS Regulations.
Volunteer worker
A person who carries out work for a PCBU without payment — owes and is owed WHS duties.
Work group
The group of workers that an HSR represents. Negotiated between the PCBU and workers.
Worker
Any person who carries out work in any capacity for a PCBU — includes employees, contractors, volunteers, apprentices.
Research these terms in context
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These definitions are general explanations for educational purposes — not legal advice. Always verify against current legislation and case law before relying on them in a client matter.
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