Who must comply with PCBU primary duty of care (NSW WHS Act s 19)?
The applicability test for PCBU primary duty of care (NSW WHS Act s 19) (SafeWork NSW), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Every business
Every business is a PCBU — the primary duty of care applies whether or not you employ anyone.
What the obligation is
NSW PCBUs must so far as reasonably practicable ensure the health and safety of workers and others.
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.
The applicability test
Every business is a PCBU — the primary duty of care applies whether or not you employ anyone.
How the regulator frames it: NSW PCBUs, officers, workers, others.
What triggers it: Conducting any business or undertaking.
Jurisdiction: New South Wales law only. A business with no operations in NSW is outside it, whatever the rest of the test says.
Which industries are in or out
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.
Business structure and size
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".
Worked examples
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.
What you must do, and when
- When due
- Continuous.
- Frequency
- Ongoing
- Evidence to keep
- Safe work method statements, training records, consultation records, incident reports.
- Status
- Current
- Priority
- Critical
Penalty for not complying
Maximum 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.
Criminal liability
Audit or assurance level
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.
Obligations with the same applicability test
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 (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 (ACT WHS Act s 19)
- PCBU primary duty of care (NT WHS Act s 19)
Where it sits in the corpus
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.
Regulator, legislation and tools
Regulated by SafeWork NSW.
SafeWork NSW: WHS regulator and workers' compensation insurer for NSW.
Free tools that help with this obligation:
Questions
- Who must comply with PCBU primary duty of care (NSW WHS Act s 19)?
- Every business is a PCBU — the primary duty of care applies whether or not you employ anyone.
- Does PCBU primary duty of care (NSW WHS Act s 19) apply to sole traders?
- Yes. Across every industry and every size band, the engine's answer for a sole trader is: yes.
- Does PCBU primary duty of care (NSW WHS Act s 19) apply to businesses with 1–5 employees?
- Yes (1–5 employees, turnover $100K–$1M).
- When is "PCBU primary duty of care (NSW WHS Act s 19)" due?
- Continuous.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.