Australia's WHS (Work Health and Safety) laws require employers to eliminate or minimise workplace risks. Workers have the right to refuse unsafe work. Safe Work Australia and state WHS regulators investigate violations and prosecute employers.
Australia's WHS framework is primarily governed by the model Work Health and Safety Act adopted by most states and territories (NSW, SA, NT, ACT, QLD, TAS) and by the Work Health and Safety Act 2011 (Cth) for federal public servants. Victoria and Western Australia have equivalent laws (OHS Act 2004 and OSH Act 1984 respectively). Key rights and duties: **Primary Duty of Care**: A 'person conducting a business or undertaking' (PCBU) must ensure, so far as is reasonably practicable, the health, safety, and welfare of workers and others. **Right to refuse unsafe work**: A worker can refuse to carry out work if they reasonably believe it would expose them to a serious risk, without penalty. **Right to participate**: Workers have the right to elect a Health and Safety Representative (HSR) who can issue Provisional Improvement Notices and direct work to stop in emergencies. **Notifiable incidents**: Serious workplace injuries, illness, or dangerous incidents (near misses) must be reported to the relevant WHS regulator immediately. WHS regulators (e.g., SafeWork NSW, WorkSafe VIC, WorkSafe QLD) investigate complaints and incidents and can issue improvement notices, prohibition notices, and prosecute employers for serious breaches.
A construction worker is told to work on scaffolding that is visibly unstable. He refuses under the WHS right to refuse unsafe work and contacts the site HSR. The HSR issues a Provisional Improvement Notice. Work stops until a safety inspection is completed.
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