Safe Work Method Statements for High-Risk Construction Work in the ACT

What it is

The ACT requires a Safe Work Method Statement (SWMS) to be prepared before any high-risk construction work commences under regulation 299 of the Work Health and Safety Regulation 2011 (ACT). Regulation 291 defines the 18 categories aligned with the model WHS Regulation.

WorkSafe ACT within Access Canberra enforces the framework. The 19 November 2025 notifiable incident rewrite and the dual industrial manslaughter framework (WHS Act s 34C and Crimes Act s 15) both interact with SWMS compliance.

Categories align with model WHS

ACT regulation 291 lists the same 18 categories as NSW, QLD, WA, SA, TAS and NT. Work at heights above 2 metres, asbestos disturbance, confined space, deep excavation and 14 other categories.

When a SWMS is required

Regulation 299 requires the SWMS to be prepared BEFORE the high-risk construction work commences.

SWMS content, review and principal contractor duties

Regulation 299 requires identification of the type of work, hazards, controls and implementation. Regulation 300 requires review on method change, control inadequacy or notifiable incident. Regulation 309 requires the principal contractor to obtain SWMS from each contractor.

Construction project trigger at $250,000

The WHS Regulation 2011 (ACT) construction project value trigger sits at $250,000, aligned with Tasmania. Above the threshold, principal contractor duties attach.

Penalties

Regulation 299 offence carries penalties in line with the model WHS Regulation.

Interaction with dual industrial manslaughter framework

SWMS failures that cause a workplace death can be prosecuted under either section 34C of the WHS Act 2011 (ACT) or section 15 of the Crimes Act 1900 (ACT). ACT prosecutors treat inadequate SWMS as evidence of negligence under either pathway.

Interaction with COL Act licensing

WHS Act SWMS breaches by an ACT construction occupations licensee can trigger Construction Occupations Registrar disciplinary action under Part 5 of the COL Act 2004 (ACT). Access Canberra takes an integrated compliance approach.

Property Developers Act 2024 layer

For class 2 residential apartment projects, the Property Developers Act 2024 (ACT) framework can also engage where SWMS failures contribute to defective work requiring rectification orders. The Property Developers Act rectification orders commenced 11 July 2024.

How the ACT compares

ACT aligns with NSW, QLD, WA, SA, TAS and NT on the 18-category framework. Distinctive ACT features are:

• dual industrial manslaughter framework (WHS Act and Crimes Act pathways)
• integrated Access Canberra approach across WHS and COL Act licensing
• Property Developers Act 2024 layer for class 2 apartment projects