PCBU primary duty of care — Comcare scheme (WHS Act 2011 (Cth) s 19)
Commonwealth entities and Comcare self-insured licensees must, so far as is reasonably practicable, ensure the health and safety of workers and others.
Who must comply
The Commonwealth, Commonwealth public authorities and Comcare self-insured licensees (and their officers and workers).
What triggers it
Being a Comcare-scheme employer.
When due
Continuous. Notify Comcare of notifiable incidents immediately; Commonwealth entities report WHS matters in each annual report.
Evidence required
WHS risk register and controls; consultation arrangements (health and safety representatives, committees); training records; incident notifications to Comcare; officer due-diligence records; annual report WHS content (Commonwealth entities).
Max penalty
Category 1 offence: up to $17,728,000 (body corporate), $3,546,000 (PCBU or officer as an individual) or $1,773,000 (other individual) for 2026-27 (WHS (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2026, Table 1). A death caused by a reckless or negligent breach is separately punishable as industrial manslaughter (see industrial-manslaughter-cth).
Summary
The Work Health and Safety Act 2011 (Cth), administered by Comcare, applies the model-law primary duty (s 19) to the Commonwealth, Commonwealth public authorities and non-Commonwealth corporations licensed to self-insure under the Comcare scheme. Private businesses outside the Comcare scheme are covered by their state or territory WHS law instead. Officers must exercise due diligence (s 27), and public authorities and non-corporate Commonwealth entities must include WHS information in their annual reports.
Enforced by
Source legislation
Topics
Related
- CWLTHIndustrial manslaughter offence — Comcare scheme (WHS Act 2011 (Cth) s 30A)Since 1 July 2024, a Comcare-scheme PCBU or officer whose reckless or negligent breach causes a death commits industrial manslaughter.
- QLDPCBU primary duty of care (QLD WHS Act s 19)QLD PCBUs must ensure health and safety so far as reasonably practicable; industrial manslaughter live since 2017.
- SAPCBU primary duty of care (SA WHS Act s 19)South Australia PCBUs must, so far as is reasonably practicable, ensure the health and safety of workers and others affected by the work.
- NSWPCBU primary duty of care (NSW WHS Act s 19)NSW PCBUs must so far as reasonably practicable ensure the health and safety of workers and others.
- VICPCBU primary duty of care (Victoria OHS Act s 21)Victorian employers must so far as reasonably practicable provide and maintain a safe working environment.
- WAPCBU primary duty of care (WA WHS Act 2020 s 19)WA adopted harmonised model WHS Act 2020 with industrial manslaughter offences from 31 March 2022.
Reading
Frequently asked questions
- Who must comply with PCBU primary duty of care — Comcare scheme (WHS Act 2011 (Cth) s 19)?
- The Commonwealth, Commonwealth public authorities and Comcare self-insured licensees (and their officers and workers).
- What triggers PCBU primary duty of care — Comcare scheme (WHS Act 2011 (Cth) s 19)?
- Being a Comcare-scheme employer.
- When is PCBU primary duty of care — Comcare scheme (WHS Act 2011 (Cth) s 19) due?
- Continuous. Notify Comcare of notifiable incidents immediately; Commonwealth entities report WHS matters in each annual report.
- What is the maximum penalty for PCBU primary duty of care — Comcare scheme (WHS Act 2011 (Cth) s 19)?
- Category 1 offence: up to $17,728,000 (body corporate), $3,546,000 (PCBU or officer as an individual) or $1,773,000 (other individual) for 2026-27 (WHS (Public Notification of Indexed Penalty Amounts) Notifiable Instrument 2026, Table 1). A death caused by a reckless or negligent breach is separately punishable as industrial manslaughter (see industrial-manslaughter-cth).
- What evidence is required for PCBU primary duty of care — Comcare scheme (WHS Act 2011 (Cth) s 19)?
- WHS risk register and controls; consultation arrangements (health and safety representatives, committees); training records; incident notifications to Comcare; officer due-diligence records; annual report WHS content (Commonwealth entities).
Source: https://www.comcare.gov.au/scheme-legislation/whs-act. Rules Mate is not a law firm. Always verify against the live regulator source before acting.