WHS law, in plain English
Under the model WHS laws, adopted in NSW and most other states and territories, a person conducting a business or undertaking (PCBU) has a primary duty to ensure, so far as is reasonably practicable, the health and safety of workers and others affected by its work. Officers, such as directors and senior managers, have a personal duty to exercise due diligence to make sure the business complies.
The stakes keep rising. NSW remade its WHS Regulation in 2025, psychosocial risks must be managed like any other hazard, and an industrial manslaughter offence commenced in NSW on 16 September 2024, with maximum penalties of $20 million for a body corporate and 25 years’ imprisonment for an individual.
We help you understand which laws, regulations and Codes of Practice apply to your work, find where you fall short, and put practical systems in place to close the gaps.
We can help with
- WHS legal and compliance reviews
- Officer due diligence programs
- Consultation arrangements, HSRs and WHS committees
- Notifiable incidents and site preservation
- Incident investigation and root cause analysis
- Responding to SafeWork NSW notices
- Psychosocial hazard compliance
Our services
Compliance services
Compliance reviews
A structured review of your obligations under the WHS Act, Regulation and relevant Codes of Practice, and how well you’re meeting them.
Officer due diligence
Practical programs that help directors and senior managers meet their due diligence obligations and keep evidence that they have.
Incident investigation
Independent investigations using structured root cause methods, led by a trained lead investigator, with recommendations that prevent recurrence.
Regulator notices
Help understanding and responding to improvement and prohibition notices, and putting effective corrective actions in place.
Psychosocial risk
Support to identify, assess and control psychosocial hazards in line with the WHS Regulation and the Code of Practice.
Legal register
A register of the WHS laws, Codes of Practice and standards that apply to your business, kept current as they change.
Key facts every NSW business should know
- WHS duties can’t be transferred to someone else, including a contractor or consultant
- Officers must exercise due diligence, which includes keeping up to date with WHS matters and verifying that resources and processes are in place and used
- Certain serious incidents must be notified to SafeWork NSW immediately, and the site preserved until an inspector arrives or directs otherwise
- Managing psychosocial risks is a specific requirement of the WHS Regulation, not an optional extra
- Industrial manslaughter carries maximum penalties of $20 million for a body corporate and 25 years’ imprisonment for an individual
Source: SafeWork NSW, WHS legislation. This page is general information, not legal advice.
Our approach
How we work
Understand
We learn about your business, your activities and your current compliance arrangements.
Assess
We review your obligations and test how well they’re being met in practice.
Prioritise
You get a risk-ranked action plan, not a wall of legal text.
Implement
We help you put the fixes in place and keep them working.
Are you lawyers?
No. We’re WHS professionals. We help you understand and meet your obligations in practice. Where you need legal advice, for example after a serious incident or if a prosecution is possible, we’ll work alongside your lawyers.
What should we do after a serious incident?
Look after the injured person first, then make the area safe. If it’s a notifiable incident, notify SafeWork NSW immediately and preserve the site. Then get advice before you start investigating. We can help with notification, regulator contact and an independent investigation.
What does due diligence mean for officers?
Officers must take reasonable steps to keep up to date with WHS matters, understand the operations and their risks, make sure appropriate resources and processes are in place and used, and verify that they’re working. We help officers do this efficiently and keep the evidence.
Do you work outside NSW?
Yes. Most states and territories have adopted the model WHS laws, so obligations are broadly similar. Victoria has its own OHS legislation, and we take those differences into account.
Related services
WHS Audits & Inspections
Independent audits and site inspections with findings ranked by risk.
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WHS Training & eLearning
Practical training for officers, supervisors and workers, plus custom eLearning.
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WHS Expert Witness Reporting
Independent expert reports for solicitors in personal injury and liability matters.
Learn more
Talk to a Chartered WHS professional
Tell us about your business and what you need. You’ll deal directly with Karim, not a sales team.