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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.

highcurrentongoingCriminal liability

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

whscthcomcareprimary-duty

Related

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.