Who must comply with 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.

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.

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 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).

Jurisdiction: Tasmania law only. A business with no operations in TAS 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. 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)).

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, kept for at least 5 years from the day notice was given (s 38(7)).

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 $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)).

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 (ACT WHS Act s 19)
• PCBU primary duty of care (NT WHS Act s 19)

• Industrial 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.
• 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 Tasmania.

WorkSafe Tas: Tasmanian WHS regulator.

• WorkSafe Tasmania

Free tools that help with this obligation:

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