SWMS requirements by state and territory

Most of Australia follows the harmonised WHS laws, but the legislation and regulator differ by state, and Victoria runs its own system entirely. Your SWMS should reference the right one for where you work.

Which Act and regulator applies in each state?

• NSW: WHS Act 2011 & WHS Regulation, regulated by SafeWork NSW
• QLD: WHS Act 2011 & WHS Regulation, Workplace Health and Safety Queensland
• SA: WHS Act 2012 & WHS Regulations, SafeWork SA
• WA: WHS Act 2020 & WHS (General) Regulations 2022, WorkSafe WA
• TAS: WHS Act 2012 & WHS Regulations, WorkSafe Tasmania
• NT: WHS (National Uniform Legislation) Act & Regulations, NT WorkSafe
• ACT: WHS Act 2011 & WHS Regulation, WorkSafe ACT
• VIC: OHS Act 2004 & OHS Regulations 2017, WorkSafe Victoria (separate system)
• Commonwealth: WHS Act 2011 (for Comcare-covered workplaces)

Why is Victoria different?

Victoria never adopted the harmonised WHS laws. It uses the Occupational Health and Safety (OHS) Act 2004 and its own Regulations, with WorkSafe Victoria as the regulator, and different duty-holder terminology. A "national" or NSW-style SWMS that cites the WHS Act is not written for Victoria, which is a common reason documents get knocked back there.

What does this mean for your SWMS?

A SWMS that references the wrong Act, regulator or notification rules can be rejected by a principal contractor, even if the hazards and controls are sound. The safest approach is a document written for the specific state where the work happens.

Do you need a state-specific SWMS?

Every SWMS we sell is written per state. You choose your state at checkout and get the version that references the correct Act, regulator and requirements. Browse trade packs or an individual SWMS, or read Do I need a SWMS? first.

This guide is general information, not legal or safety advice, and does not guarantee compliance. Laws and site conditions vary, so always check your state regulator and have documents reviewed by a competent person.