PCBU primary duty of care (TAS WHS Act s 19)
Tasmania 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 Tasmania, including sole traders and businesses with no employees, plus officers and workers. In Tasmania the notification duty (s 38) falls on the PCBU, and the site-preservation duty (s 39) on the person with management or control of the workplace.
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: tell the regulator immediately after becoming aware (s 38(1)); if notice is given by telephone and the regulator asks for it in writing, provide written notice within 48 hours of the request (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). Record of each notifiable incident, kept for at least 5 years from the day notice was given (s 38(7)).
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-tas). Under the Tasmanian Act an individual convicted of a Category 1 offence also faces up to 5 years' imprisonment (s 31). Category 2: up to $1,500,000 (body corporate), $300,000 (PCBU or officer) or $150,000 (other individual); Category 3: up to $500,000, $100,000 or $50,000 (ss 32-33). Failing to notify a notifiable incident or to preserve the site: up to $50,000 (body corporate) or $10,000 (individual) (ss 38-39); failing to keep the incident record: up to $25,000 or $5,000 (s 38(7)).
Summary
Section 19 of the Work Health and Safety Act 2012 (Tas) imposes the primary duty of care on every person conducting a business or undertaking (PCBU) in Tasmania: 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 (Tas) 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. Tasmania's version carries the Category 1 to 3 offences in sections 31 to 33 with fixed dollar maximums written into the Act, and since 2 October 2024 a separate industrial manslaughter offence (s 29C, inserted by Act No. 15 of 2024). Incident duties sit in Part 3: section 38 requires the PCBU to ensure the Tasmanian regulator is told immediately after it becomes aware of a notifiable incident, by telephone or in writing and by the fastest possible means, and section 39 requires whoever manages or controls the workplace to leave the incident site undisturbed until an inspector arrives or directs otherwise.
Enforced by
Source legislation
Topics
Related
- TASIndustrial manslaughter offence (TAS WHS Act s 29C)In Tasmania, 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 (TAS WHS Act s 19)?
- Every PCBU operating in Tasmania, including sole traders and businesses with no employees, plus officers and workers. In Tasmania the notification duty (s 38) falls on the PCBU, and the site-preservation duty (s 39) on the person with management or control of the workplace.
- What triggers PCBU primary duty of care (TAS 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 (TAS WHS Act s 19) due?
- Continuous. Review risk controls whenever work, plant or the workplace changes, and after any notifiable incident. Notifiable incidents: tell the regulator immediately after becoming aware (s 38(1)); if notice is given by telephone and the regulator asks for it in writing, provide written notice within 48 hours of the request (s 38(4)).
- What is the maximum penalty for PCBU primary duty of care (TAS 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-tas). Under the Tasmanian Act an individual convicted of a Category 1 offence also faces up to 5 years' imprisonment (s 31). Category 2: up to $1,500,000 (body corporate), $300,000 (PCBU or officer) or $150,000 (other individual); Category 3: up to $500,000, $100,000 or $50,000 (ss 32-33). Failing to notify a notifiable incident or to preserve the site: up to $50,000 (body corporate) or $10,000 (individual) (ss 38-39); failing to keep the incident record: up to $25,000 or $5,000 (s 38(7)).
- What evidence is required for PCBU primary duty of care (TAS 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). Record of each notifiable incident, kept for at least 5 years from the day notice was given (s 38(7)).
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.