A person who has acquired through training, qualification or experience the knowledge and skills to carry out the task. The definition of ‘competent person’ in the WHS Regulations prescribes specific requirements for some types for work such as diving and working with asbestos.

An action taken to eliminate or minimise health and safety risks so far as is reasonably practicable. A hierarchy of control measures is set out in the WHS Regulations to assist duty holders to select the highest control measures reasonably practicable.

Note: The WHS Regulations also refer to a control measure as a risk control measure or a risk control.

Health and safety representative

Managing risk

Mine operator

An officer under the WHS Act includes:

• an officer under section 9 of the Corporations Act 2001 (Cth)
• an officer of the Crown within the meaning of section 4A of the WHS Act
• an officer of a public authority within the meaning of section 4A of the WHS Act.

Broadly, an officer is a person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the organisation’s activities. This does not include an elected member of a municipal council acting in that capacity or a minister of a state, territory or the Commonwealth. An officer can also be an officer of the Crown or a public corporation if they are a person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking of the Crown or public authority. 

Each partner within a partnership is not an officer but a PCBU in their own right. 

Learn more about officer responsibilities

PCBU is an umbrella concept which intends to capture all types of working arrangements or structures. A PCBU includes a:

• company
• unincorporated body or association
• sole trader or self-employed person.

A reference in the WHS Regulations to a PCBU includes the mine operator of the mine where relevant.

Individuals who are in a partnership that is conducting a business will individually and collectively be a PCBU.

A volunteer association (defined under the WHS Act, see below) or elected members of a local authority will not be a PCBU.

Learn more about person conducting a business or undertaking (PCBU)

Plant includes machinery, equipment, appliance, container, implement and tool components or anything fitted or connected to those things. Plant includes items as diverse as lifts, cranes, computers, machinery, conveyors, forklifts, vehicles, power tools, quad bikes, mobile plant and amusement devices.

A guiding principle of the WHS Act is that all people are given the highest level of health and safety protection from hazards arising from work, so far as is reasonably practicable.

The term ‘reasonably practicable’ means what could reasonably be done at a particular time to ensure health and safety measures are in place. 

Learn more about the meaning of reasonably practicable

Anything that is constructed, whether fixed or moveable, temporary or permanent and includes buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels). Includes any component or part of a structure.

A chemical element or compound in its natural state or obtained or generated by a process:

• including any additive necessary to preserve the stability of the element or compound and any impurities deriving from the process, but
• excluding any solvent that may be separated without affecting the stability of the element or compound, or changing its composition.

Supply and re-supply of a thing provided by way of sale, exchange, lease, hire or hire-purchase arrangement, whether as principal or agent. 

A volunteer is a person who works for an organisation without payment or financial reward, but who may receive out of pocket expenses, such as travel or meal reimbursements.

If the volunteer organisation is a PCBU, volunteers are treated as ‘workers’ under the WHS Act, and PCBUs must provide the same protections to its volunteers as it does to its paid workers.

Learn more about volunteer and volunteer organisations at the workplace

A group of volunteers working together for one or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association.

Learn more about volunteer and volunteer organisations at the workplace

A person who conducts a business or undertaking that provides WHS services:

• to a person who conducts another business or undertaking; and
• that are to be used, or could reasonably be expected to be used, at, or in relation to, a workplace at which work is carried out for the other business or undertaking.

Learn more about WHS service providers

Services that relate to work health and safety. Exclusions from the definition include:

• services provided under the WHS Act by a WHS authority, a health and safety representative (or deputy) or a health and safety committee
• services provided under a corresponding WHS law by a person or body corresponding to a WHS authority, a health and safety representative (or deputy) or a health and safety committee
• emergency services provided by police officers, or other emergency services personnel, in situations where there is a serious risk to the health or safety of any individual
• services that are subject to legal professional privilege or that would be subject to legal professional privilege but for that privilege having been waived.

Learn more about Duty of persons conducting business or undertakings that provide services relating to work health and safety

Any person who carries out work for a person conducting a business or undertaking, including work as an employee, contractor or subcontractor (or their employee), self-employed person, outworker, apprentice or trainee, work experience student, employee of a labour hire company placed with a ‘host employer’ or a volunteer.

Learn more about workers and others at the workplace

A group of workers established to facilitate the representation of workers by one or more health and safety representatives. A work group may be all workers at a workplace, but it may also be appropriate to split a workplace into multiple work groups where workers share similar work conditions or are exposed to similar risks and hazards. For example, all workers on night shift.

Any place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work. This may include offices, factories, shops, construction sites, vehicles, ships, aircraft or other mobile structures on land or water such as offshore units and platforms (that are not already covered under the Commonwealth’s offshore WHS laws).