We enjoy a free market. However all games have rules. Here we provide you with the key pieces of work health and safety legislation, regulatory guidance, and court cases as they arise.
Are risk assessments legally required under Australian law?
Australian Capital Territory, New South Wales, Queensland and Northern Territory
According to the Work Health and Safety Act 2011, a duty is imposed on a person "(a) to eliminate risks to health and safety, so far as is reasonably practicable, and (b) if it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable ... taking into account and weighing up all relevant matters including (a) the likelihood of the hazard or the risk concerned occurring, and (b) the degree of harm that might result from the hazard or the risk ..." [Part 2, Sections 17 and 18].
South Australia and Tasmania
According to the Workplace Health and Safety Act 2012, identical duties are imposed to those described above in the ACT, NSW, QLD and NT [Part 2, Sections 17 and 18].
According to the Occupational Health and Safety Act 2004, "Persons who control or manage matters that give rise or may give rise to risks to health or safety are responsible for eliminating or reducing those risks so far as is reasonably practicable" [Part 1, 4(2)].
According to the Occupational Safety and Health Regulation 1996, "A person who, at a workplace, is an employer, the main contractor, a self-employed person, a person having control of the workplace or a person having control of access to the workplace must, as far as practicable (a) identify each hazard to which a person at the workplace is likely to be exposed, (b) assess the risk of injury or harm to a person resulting from each hazard, if any, identified under paragraph (a), and (c) consider the means by which the risk may be reduced" [Part 3, 3.1(a)-(c)].