PCBU Primary Duty of Care in Western Australia

What it is

Western Australia was the last Australian state to adopt the model Work Health and Safety framework, commencing the Work Health and Safety Act 2020 (WA) on 31 March 2022. That Act replaced the earlier Occupational Safety and Health Act 1984 (WA), which had been in force since 1984.

WorkSafe (Department of Energy, Mines, Industry Regulation and Safety) administered the earlier OSH Act. From 1 July 2025 the WHS administrative functions moved to Building and Energy in the Department of Local Government, Industry Regulation and Safety, alongside its building registration role.

The 31 March 2022 transition

Before 31 March 2022, Western Australian workplace safety operated under the OSH Act 1984. The transition to the WHS Act 2020 brought Western Australia into line with every other Australian state (except Victoria) on the model WHS framework.

Historical OSH Act 1984 duties continue to apply to conduct before 31 March 2022. From that date the WHS Act 2020 applies. Residential builders operating in Western Australia should not cite the OSH Act 1984 for current work.

Section 19 primary duty

Section 19 of the WHS Act 2020 (WA) requires a PCBU to ensure, so far as is reasonably practicable, the health and safety of workers engaged, or caused to be engaged, by the PCBU and workers whose activities are influenced or directed by the PCBU. Section 19(2) extends the duty to other persons who could be exposed to risks.

Section 19(3) sets specific duties: safe work environment, safe plant and structures, safe systems of work, safe use of substances, welfare facilities, information and training and monitoring of workers' health.

Section 18 reasonably practicable

Section 18 defines reasonably practicable using the five-factor test consistent with other model WHS jurisdictions.

Officer accountability

Section 27 imposes personal due diligence duties on officers. WA officers face growing prosecution focus, particularly for construction industry deaths and serious injuries.

Industrial manslaughter (section 30A)

Western Australia enacted industrial manslaughter as part of the initial WHS Act 2020, commencing 31 March 2022. Section 30A applies where a PCBU or senior officer engages in conduct that constitutes a failure to comply with a health and safety duty and that conduct causes the death of a person.

Penalties: individual up to 20 years imprisonment and $5 million fine. Body corporate up to $10 million. The WA body corporate maximum is lower than NSW ($20 million) and QLD ($20 million after 2024 amendments).

Category offences

Category 1 (section 31) up to $680,000 or 5 years imprisonment individual / $3,500,000 body corporate. Category 2 (section 32) up to $340,000 individual / $1,700,000 body corporate. Category 3 (section 33) up to $115,000 individual / $570,000 body corporate.

WA penalty amounts are set in dollar figures directly rather than through penalty units, distinguishing WA from most other WHS jurisdictions.

Construction industry focus

Building and Energy administers WHS Act compliance for the WA building industry alongside its building registration role. WHS Act breaches can trigger registration disciplinary action under the Building Services (Registration) Act 2011 (WA) framework.

TradeForm WA templates flag WHS Act 2020 compliance as a critical operational requirement, especially for the primary duty of care and the industrial manslaughter offence given the recent commencement.

How Western Australia compares

WA's late 2022 adoption means the state has less accumulated WHS Act case law than eastern jurisdictions. Prosecutions have been increasing but the interpretive framework is still developing.

WA's industrial manslaughter penalty at $10 million body corporate is mid-range in Australia. NSW and QLD are at $20 million. VIC workplace manslaughter uses penalty units approximately equivalent to $19.8 million. SA introduced industrial manslaughter in July 2024 at similar penalty levels. TAS introduced industrial manslaughter in October 2024.