PCBU Primary Duty of Care in the ACT

What it is

The Australian Capital Territory adopted the model Work Health and Safety Act 2011 (ACT) with commencement in 2012. Every person conducting a business or undertaking (PCBU) has a primary duty of care under section 19. WorkSafe ACT (within Access Canberra) administers the framework.

The ACT enacted industrial manslaughter as a specific offence under the Crimes Act 1900 (ACT) at section 15, and subsequently mirrored it into the WHS Act 2011 (ACT) at section 34C. The ACT was one of the earlier jurisdictions to introduce workplace death offences.

Section 19 primary duty

Section 19 of the WHS Act 2011 (ACT) requires a PCBU to ensure, so far as is reasonably practicable, the health and safety of workers and other persons who could be exposed to risks arising from the work. The ACT framework aligns with NSW, QLD, SA, TAS, WA and NT.

Section 18 reasonably practicable

Section 18 defines reasonably practicable using the standard five-factor test.

Officer accountability

Section 27 imposes personal due diligence duties on officers. Access Canberra prosecutions of officers have increased particularly for construction site deaths and serious injuries, reflecting the growing focus on individual accountability.

Industrial manslaughter (section 34C and Crimes Act 1900 (ACT))

The ACT industrial manslaughter framework operates through two parallel offences:

• Section 34C of the WHS Act 2011 (ACT), the standard WHS Act offence
• Section 15 of the Crimes Act 1900 (ACT), the criminal offence

Prosecutors choose the appropriate offence based on the facts and evidence. Section 15 Crimes Act carries the general criminal law framework. Section 34C WHS Act operates within the WHS regulatory framework.

Penalties: individual up to 20 years imprisonment (both offences). Body corporate up to $16.5 million under section 34C.

Category offences

Category 1 (section 31) up to $600,000 or 5 years imprisonment individual / $3,000,000 body corporate. Category 2 (section 32) up to $300,000 individual / $1,500,000 body corporate. Category 3 (section 33) up to $100,000 individual / $500,000 body corporate.

The 19 November 2025 notification rewrite

The ACT commenced a notifiable incident notification rewrite on 19 November 2025, broadening the categories of incidents that must be notified to WorkSafe ACT. That is separate from the primary duty framework but represents an active reform area in the ACT WHS regime.

The ACT did not adopt the December 2025 model WHS amendments on 15-plus day absences, violent incidents and suicide. The 19 November 2025 rewrite is an ACT-specific reform.

Construction industry focus

WorkSafe ACT administers WHS Act compliance for the ACT building industry. WHS Act breaches can trigger Construction Occupations (Licensing) Act 2004 disciplinary action against building licences, particularly where a rectification order or industrial manslaughter charge results from workmanship failures.

Access Canberra takes an integrated compliance approach across the WHS framework and the building licensing framework.

How the ACT compares

The ACT's section 19 duty aligns with other model WHS jurisdictions. The distinctive ACT features are the dual industrial manslaughter framework (WHS Act section 34C and Crimes Act section 15), the 19 November 2025 notification rewrite, and the strong interaction with the Construction Occupations (Licensing) Act 2004 disciplinary framework.