Who must comply with PCBU primary duty of care (Victoria OHS Act s 21)?

Victorian employers must so far as reasonably practicable provide and maintain a safe working environment.

Section 21 of the Occupational Health and Safety Act 2004 (Vic) imposes the primary duty on employers to ensure, so far as reasonably practicable, the safety of employees and others affected by work. Industrial manslaughter (s 39G) carries up to $20.35M (corporations) and 25 years prison (2025-26).

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

How the regulator frames it: Victorian employers, PCBUs and officers.

What triggers it: Engaging workers; controlling workplaces.

Jurisdiction: Victoria law only. A business with no operations in VIC 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.

Frequency

Ongoing

Evidence to keep

Risk assessments, control plans, training, consultation records, incident records.

Status

Current

Priority

Critical

Maximum penalty: Reckless endangerment (OHS Act s32): up to $4.07M (body corporate) or $366K + 5 years (individual). Separate workplace manslaughter offence (s39G): up to $20.35M (corporations) + 25 years (2025-26).

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.

• WorkSafe Victoria — first industrial manslaughter conviction (2023): Industrial manslaughter is no longer theoretical. Officer due diligence must be evidenced contemporaneously, not reconstructed after incidents.

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

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

• Notify VIC WorkSafe of notifiable WHS incidents: Death, serious injury, illness or dangerous incident must be notified to WorkSafe immediately.

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 Victoria.

WorkSafe Victoria: Victorian WHS regulator and workers' compensation insurer (WorkCover scheme).

• WorkSafe Victoria

Free tools that help with this obligation:

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