WorkSafe ACT

Regulator

WHS Act 2011 (ACT)

Primary Legislation

WHS Regulation 2025

Current Regulation

Late 2025

CoP Updates

Yes — since 2004

Industrial Manslaughter

1 July 2026

Section 26A Commencement

Yes

Harmonised Jurisdiction

WorkSafe ACT operates as an independent statutory office within the ACT government. The regulator is responsible for workplace inspections, enforcement, investigation, and prosecution across all industries in the territory. WorkSafe ACT is one of the smaller WHS regulators nationally but serves a jurisdiction with significant construction activity driven by ongoing development of the Canberra metropolitan area and Commonwealth government building programs. The regulator also oversees WHS compliance in the ACT's healthcare sector including major hospital and aged care facilities, and the education sector including schools, universities, and research institutions. WorkSafe ACT has adopted a responsive enforcement posture, conducting targeted campaigns in construction and healthcare and maintaining a visible inspection presence on major construction sites in the Canberra CBD and surrounding suburbs.

WorkSafe ACT updated several approved codes of practice in late 2025 to ensure they reflect current regulatory requirements and best practice before the Section 26A commencement date of 1 July 2026. The updated codes include those covering hazardous chemical management, managing the risk of falls at workplaces, managing the risk of psychosocial hazards at work, and construction work. These updates incorporate references to the WHS Regulation 2025, the incoming workplace exposure limits, and the psychosocial hazard management obligations under Regulations 55C and 55D. The timing of these updates is significant because from 1 July 2026, these updated codes become the compliance benchmarks against which WorkSafe ACT will assess whether a PCBU has met their duties. A PCBU that is still operating according to an older version of a code of practice may find their practices do not align with the updated requirements, creating compliance gaps that could be identified during inspections.

The ACT introduced industrial manslaughter as a criminal offence in 2004, making it the first Australian jurisdiction to create this offence, although the provisions were strengthened in subsequent amendments. The current framework provides that where a PCBU or officer engages in conduct that causes the death of a worker and the conduct amounts to negligence, the person commits an offence carrying a maximum penalty of imprisonment. The ACT's industrial manslaughter provisions operate alongside the standard WHS Act offence categories, providing prosecutors with the option of pursuing industrial manslaughter charges in cases involving workplace deaths caused by employer negligence. The existence of industrial manslaughter provisions elevates the due diligence obligations of officers, who must be able to demonstrate that they acquired knowledge of WHS matters, ensured the business had appropriate resources and processes, and verified compliance with WHS duties.

The ACT's workforce is dominated by public administration and government services, which account for a significant proportion of total employment. However, the construction sector is the highest-risk industry in the territory, with major residential and commercial development projects across Canberra's expanding suburbs and the ongoing development of the Canberra light rail network. WorkSafe ACT conducts regular compliance campaigns on construction sites, focusing on fall prevention, excavation safety, traffic management, and silica management. The healthcare sector, anchored by Canberra Hospital and several large aged care facilities, faces scrutiny around manual handling, workplace violence, and psychosocial hazard management. The education sector, including the Australian National University and the University of Canberra, faces laboratory safety, hazardous chemical management, and research facility WHS challenges. The WEL transition commencing 1 December 2026 applies in the ACT with the same obligations as in other harmonised jurisdictions.