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PCBU 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.

criticalcurrentongoingCriminal liability

Who must comply

Every PCBU operating in South Australia, including sole traders and businesses with no employees, plus officers and workers.

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.

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).

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-sa).

Summary

Section 19 of the Work Health and Safety Act 2012 (SA) imposes the primary duty of care on every person conducting a business or undertaking (PCBU) in South Australia: 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 Act 2012 (SA) 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.

Enforced by

Source legislation

Topics

whssaprimary-duty

Related

Frequently asked questions

Who must comply with PCBU primary duty of care (SA WHS Act s 19)?
Every PCBU operating in South Australia, including sole traders and businesses with no employees, plus officers and workers.
What triggers PCBU primary duty of care (SA 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 (SA WHS Act s 19) due?
Continuous. Review risk controls whenever work, plant or the workplace changes, and after any notifiable incident.
What is the maximum penalty for PCBU primary duty of care (SA 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-sa).
What evidence is required for PCBU primary duty of care (SA 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).

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.