PCBU 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.
Who must comply
NSW PCBUs, officers, workers, others.
What triggers it
Conducting any business or undertaking.
When due
Continuous.
Evidence required
Safe work method statements, training records, consultation records, incident reports.
Max penalty
Category 1 (reckless breach of the primary duty): up to $11.15M (body corporate) / $2.32M (officer) / $1.11M (worker) + 10 years prison (from 1 July 2025). Separate industrial manslaughter offence: up to $20M (corporations) + 25 years.
Summary
Section 19 of the Work Health and Safety Act 2011 (NSW) imposes the primary duty. Industrial manslaughter offence (introduced 2024) carries up to 25 years prison + $20M corporate penalty. Category 1, 2 and 3 offences underpin enforcement; due diligence duty for officers under s 27.
Enforced by
Source legislation
Topics
Related obligations
- 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.
- 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.
- 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.
- NSWNSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act 2013)NSW mine operators face mine-specific WHS obligations + Resources Regulator oversight.
- NSWNotify SafeWork NSW of notifiable WHS incidentsDeath, serious injury, illness, dangerous incident — notify SafeWork NSW immediately.
- NSWComply with NSW Design and Building Practitioners Act 2020Designers + builders of Class 2-9 buildings in NSW must register + lodge declarations.
Frequently asked questions
- Who must comply with PCBU primary duty of care (NSW WHS Act s 19)?
- NSW PCBUs, officers, workers, others.
- What triggers PCBU primary duty of care (NSW WHS Act s 19)?
- Conducting any business or undertaking.
- When is PCBU primary duty of care (NSW WHS Act s 19) due?
- Continuous.
- What is the maximum penalty for PCBU primary duty of care (NSW WHS Act s 19)?
- Category 1 (reckless breach of the primary duty): up to $11.15M (body corporate) / $2.32M (officer) / $1.11M (worker) + 10 years prison (from 1 July 2025). Separate industrial manslaughter offence: up to $20M (corporations) + 25 years.
- What evidence is required for PCBU primary duty of care (NSW WHS Act s 19)?
- Safe work method statements, training records, consultation records, incident reports.
Source: https://safework.nsw.gov.au/legal-obligations/employer-business-obligations. Rules Mate is not a law firm. Always verify against the live regulator source before acting.