PCBU primary duty of care (NT WHS Act s 19)
the Northern Territory PCBUs must, so far as is reasonably practicable, ensure the health and safety of workers and others affected by the work.
Who must comply
Every PCBU operating in the Northern Territory, including sole traders and businesses with no employees, plus officers and workers. In the Northern Territory the incident notification duty rests on the PCBU (s 38), whichever entity's workers were involved.
What triggers it
Conducting a business or undertaking in the jurisdiction (whether or not you employ anyone).
When due
Continuous. Review risk controls whenever work, plant or the workplace changes, and after any notifiable incident. Notifiable incidents: notify NT WorkSafe immediately after becoming aware (s 38(1)); after a telephone notification, give written notice within 48 hours of the regulator requiring it (s 38(4)).
Evidence required
WHS risk register and control plan (including psychosocial hazards); safe work procedures; induction, training and supervision records; consultation records with workers; incident and hazard reports; officer due-diligence records (board WHS reporting). Incident notification records and the written notice (where requested by the regulator) for each notifiable incident.
Max penalty
Category 1 offence (reckless or grossly negligent conduct exposing a person to risk of death or serious injury): up to $3,000,000 (body corporate), $600,000 (PCBU or officer as an individual) or $300,000 (other individual), per Safe Work Australia's comparison table as at 1 August 2026. A death caused by a reckless or negligent breach is separately punishable as industrial manslaughter (see industrial-manslaughter-nt). In the NT an individual convicted of a Category 1 offence also faces up to 5 years' imprisonment (s 31). Failing to notify a notifiable incident: up to $50,000 (body corporate) or $10,000 (individual), a strict liability offence (s 38(1)).
Summary
Section 19 of the Work Health and Safety (National Uniform Legislation) Act 2011 (NT) imposes the primary duty of care on every person conducting a business or undertaking (PCBU) in the Northern Territory: so far as is reasonably practicable, a safe work environment, safe plant and structures, safe systems of work, safe use and storage of substances, adequate facilities, information, training and supervision, and monitoring of workers' health and workplace conditions. "Health" includes psychological health. Officers must exercise due diligence (s 27). The Work Health and Safety (National Uniform Legislation) Act 2011 (NT) follows the model WHS Act, so the duty is the same as in the other model-law jurisdictions; the penalties and the industrial manslaughter offence are set locally. The Territory statute is the Work Health and Safety (National Uniform Legislation) Act 2011, administered by NT WorkSafe. Several of its offences are expressly strict liability: under section 38 the PCBU must ensure the regulator is notified immediately after becoming aware of a notifiable incident, and strict liability applies to each physical element of that offence. Notice must go by the fastest possible means, by telephone or in writing. Division 6 of Part 2 (ss 34B-34E) adds the NT industrial manslaughter offence, which has no limitation period.
Enforced by
Source legislation
Topics
Related
- NTIndustrial manslaughter offence (NT WHS Act s 34B)In the Northern Territory, a PCBU or officer whose reckless or negligent breach of a WHS duty causes a death commits industrial manslaughter.
- CWLTHManage psychosocial hazards at workWHS duty extends to psychosocial hazards — workload, bullying, harassment, role conflict.
- 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.
Reading
Frequently asked questions
- Who must comply with PCBU primary duty of care (NT WHS Act s 19)?
- Every PCBU operating in the Northern Territory, including sole traders and businesses with no employees, plus officers and workers. In the Northern Territory the incident notification duty rests on the PCBU (s 38), whichever entity's workers were involved.
- What triggers PCBU primary duty of care (NT WHS Act s 19)?
- Conducting a business or undertaking in the jurisdiction (whether or not you employ anyone).
- When is PCBU primary duty of care (NT WHS Act s 19) due?
- Continuous. Review risk controls whenever work, plant or the workplace changes, and after any notifiable incident. Notifiable incidents: notify NT WorkSafe immediately after becoming aware (s 38(1)); after a telephone notification, give written notice within 48 hours of the regulator requiring it (s 38(4)).
- What is the maximum penalty for PCBU primary duty of care (NT WHS Act s 19)?
- Category 1 offence (reckless or grossly negligent conduct exposing a person to risk of death or serious injury): up to $3,000,000 (body corporate), $600,000 (PCBU or officer as an individual) or $300,000 (other individual), per Safe Work Australia's comparison table as at 1 August 2026. A death caused by a reckless or negligent breach is separately punishable as industrial manslaughter (see industrial-manslaughter-nt). In the NT an individual convicted of a Category 1 offence also faces up to 5 years' imprisonment (s 31). Failing to notify a notifiable incident: up to $50,000 (body corporate) or $10,000 (individual), a strict liability offence (s 38(1)).
- What evidence is required for PCBU primary duty of care (NT WHS Act s 19)?
- WHS risk register and control plan (including psychosocial hazards); safe work procedures; induction, training and supervision records; consultation records with workers; incident and hazard reports; officer due-diligence records (board WHS reporting). Incident notification records and the written notice (where requested by the regulator) for each notifiable incident.
Source: https://www.safeworkaustralia.gov.au/law-and-regulation/duties-under-whs-laws/duties-pcbu. Rules Mate is not a law firm. Always verify against the live regulator source before acting.