Who must comply with PCBU primary duty of care (ACT WHS Act s 19)?

the ACT PCBUs must, so far as is reasonably practicable, ensure the health and safety of workers and others affected by the work.

Section 19 of the Work Health and Safety Act 2011 (ACT) imposes the primary duty of care on every person conducting a business or undertaking (PCBU) in the ACT: 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 2011 (ACT) 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. WorkSafe ACT administers the duty. In the ACT the list of incidents a PCBU must report is wider than the original model: since 9 June 2023 every workplace sexual assault incident, including a suspected incident, is notifiable, alongside deaths, serious injuries or illnesses and dangerous incidents. Infections to which carrying out work significantly contributed (for example from work with micro-organisms, care of people, or contact with blood, body substances or animals) and occupational zoonoses such as Q fever, anthrax, leptospirosis, brucellosis, Hendra virus, avian influenza and psittacosis must also be notified.

Every business is a PCBU — the primary duty of care applies whether or not you employ anyone.

How the regulator frames it: Every PCBU operating in the ACT, including sole traders and businesses with no employees, plus officers and workers. In the ACT, where a notifiable incident arises from more than one business or undertaking, each of those businesses must notify WorkSafe ACT; people who experience or witness a workplace sexual assault have no duty to report it.

What triggers it: Conducting a business or undertaking in the jurisdiction (whether or not you employ anyone).

Jurisdiction: Australian Capital Territory law only. A business with no operations in ACT is outside it, whatever the rest of the test says.

Outcome across the 35 industries Rules Mate maps (35 of 35: yes).

The answer is the same in every industry: yes. Industry does not change who must comply.

Structure does not change the answer across all industries: for every structure the answer is "yes".

Size does not change the answer across all industries: at every size band the answer is "yes".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: applies. Every business is a PCBU — the primary duty of care applies whether or not you employ anyone.

When due

Continuous. Review risk controls whenever work, plant or the workplace changes, and after any notifiable incident. Notify WorkSafe ACT as soon as you become aware of a notifiable incident, by the fastest possible means; if you notify by telephone and WorkSafe ACT asks for written notice, provide it within 48 hours of the request. Keep the incident site undisturbed until an inspector arrives or directs otherwise.

Frequency

Ongoing

Evidence to keep

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 (including any workplace sexual assault incident), kept for at least five years.

Status

Current

Priority

Critical

Maximum penalty: Category 1 offence (reckless or grossly negligent conduct exposing a person to risk of death or serious injury): up to $12,321,000 (body corporate), $2,464,000 (PCBU or officer as an individual) or $1,232,000 (other individual), per Safe Work Australia's comparison table as at 1 August 2026 (the ACT applies the model Act's indexed amounts for 2026-27). A death caused by a reckless or negligent breach is separately punishable as industrial manslaughter (see industrial-manslaughter-act).

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so do these 7: the engine uses the same rule for each.

• PCBU primary duty of care (Victoria OHS Act s 21)
• PCBU primary duty of care (NSW WHS Act s 19)
• PCBU primary duty of care (QLD WHS Act s 19)
• PCBU primary duty of care (WA WHS Act 2020 s 19)
• PCBU primary duty of care (SA WHS Act s 19)
• PCBU primary duty of care (TAS WHS Act s 19)
• PCBU primary duty of care (NT WHS Act s 19)

• Industrial manslaughter offence (ACT WHS Act s 34A): In the ACT, a PCBU or officer whose reckless or negligent breach of a WHS duty causes a death commits industrial manslaughter.
• Manage psychosocial hazards at work: WHS duty extends to psychosocial hazards — workload, bullying, harassment, role conflict.

Rules Mate tracks 28 published obligations tagged "whs", 23 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 16 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is an ongoing duty.

Regulated by WorkSafe ACT.

WorkSafe ACT: ACT WHS regulator. Also administers portable long service leave schemes including the 2026 expansion to hospitality and beauty.

• WorkSafe ACT

Free tools that help with this obligation:

• Payday Super readiness
• Right to Disconnect policy
• WGEA readiness