Since publication of this note, WA passed a version of the model Work Health and Safety (WHS) laws, which became operational on 31 March 2022. See Safe Work Australia for further information.
The model WHS laws – comprising the WHS Act, the WHS Regulations and model Codes of Practice – have been enacted in seven jurisdictions including the Commonwealth, New South Wales, Queensland, Northern Territory, Australian Capital Territory, South Australia and Tasmania. At the time of writing, Victoria and Western Australia have yet to enact the legislation. Under the model WHS Regulations (reg.295), a designer must provide a safety report to the person who commissions the design. The following FAQs cover your obligations as a designer under the legislation and the preparation and issue of a safety design report. Refer Safety in design guide for further information on your state and territory and a template Safety in design risk register.