Is a SWMS required in every state?

Yes. Every state and territory requires a SWMS before high-risk construction work starts. Victoria's rules sit in its own OHS Regulations 2017; everywhere else follows the model WHS Regulations, with some local differences.

How is Victoria different?

Victoria uses the OHS Act 2004 and OHS Regulations 2017, not the model WHS laws. Its list has 19 kinds of high-risk construction work, the duties fall on employers and self-employed people, and there's no duty to give the principal contractor a copy.

Is the falls height 2 metres everywhere?

Mostly. A risk of a fall of more than 2 metres is high-risk construction work everywhere, except residential construction work in the Northern Territory, where the trigger is 3 metres since 17 July 2026. South Australia moved from 3 metres to 2 metres on 1 July 2026.

When does a job count as a construction project?

It depends on the state: $250,000 or more under the model laws, $450,000 in South Australia, $1,000,000 in the Northern Territory, and 5 or more people on site at once in Western Australia. Victoria's principal contractor duties start at $350,000.

WHS laws by state: SWMS rules across Australia

Every state and territory requires a SWMS before high-risk construction work. Most follow the model WHS laws, Victoria has its own, and several differ in the details.

We check these laws every week. Last reviewed against each official legislation site on 12 November 2026.

At a glance

State or territory	Law	Regulator	High-risk construction work	Construction project
New South Wales	Model WHS laws	SafeWork NSW	Section 291: the model's 18 kinds	$250,000 or more
Victoria	Its own OHS laws	WorkSafe Victoria	Regulation 322: 19 kinds	Principal contractor duties apply to projects of $350,000 or more
Queensland	Model WHS laws	Workplace Health and Safety Queensland	Section 291: the model's 18 kinds	$250,000 or more
South Australia	Model WHS laws	SafeWork SA	Regulation 291: the model's 18 kinds	$450,000 or more
Western Australia	Model WHS laws	WorkSafe WA	Regulation 291: the model's 18 kinds	5 or more people working, or likely to be working, on the site at the same time (a headcount, not a value)
Tasmania	Model WHS laws	WorkSafe Tasmania	Regulation 291: the model's 18 kinds	$250,000 or more
Northern Territory	Model WHS laws	NT WorkSafe	Regulation 291: the model's 18 kinds, with a 3-metre falls trigger for residential work	$1,000,000 or more (since 28 May 2026)
Australian Capital Territory	Model WHS laws	WorkSafe ACT	Section 291: 19 kinds, adding crystalline silica processing	$250,000 or more, and any demolition or refurbishment of a building with loose-fill asbestos insulation
Commonwealth	Model WHS laws	Comcare	Regulation 291: the model's 18 kinds	$250,000 or more

SWMS rules in New South Wales

Act: Work Health and Safety Act 2011 (NSW)
Regulation: Work Health and Safety Regulation 2025 (NSW)
Regulator: SafeWork NSW
SWMS duties: Sections 299 to 303 and 312
High-risk construction work: Section 291: the model's 18 kinds

SWMS requirements in New South Wales

The Work Health and Safety Regulation 2025 replaced the 2017 Regulation in 2025. Its SWMS and high-risk construction work sections match the model in substance.

SWMS rules in Victoria

Act: Occupational Health and Safety Act 2004 (Vic)
Regulation: Occupational Health and Safety Regulations 2017 (Vic)
Regulator: WorkSafe Victoria
SWMS duties: Regulations 324 (contents), 327 (prepare and follow), 328 (review) and 329 (keep)
High-risk construction work: Regulation 322: 19 kinds

SWMS requirements in Victoria

Victoria doesn't follow the model WHS laws. The duties fall on the employer or self-employed person, and a SWMS is required where the high-risk construction work poses a risk to someone's health or safety.
Its list has 19 kinds of high-risk construction work. Some are broader than the model's (any demolition counts, not just of elements that are load-bearing or keep the structure sound) and some narrower (roads and railways, but not shipping lanes or other traffic corridors).
A SWMS must be reviewed when the work changes or there's a sign the controls aren't working, including after any incident.
Keep it for the duration of the work. There's no 2-year rule after an incident, and no duty to give a copy to the principal contractor.
For asbestos removal work, an asbestos control plan counts as the SWMS for that work. Other high-risk construction work done alongside it, such as working more than 2 metres up, still needs a SWMS.

SWMS rules in Queensland

Act: Work Health and Safety Act 2011 (Qld)
Regulation: Work Health and Safety Regulation 2011 (Qld)
Regulator: Workplace Health and Safety Queensland
SWMS duties: Sections 299 to 303 and 312
High-risk construction work: Section 291: the model's 18 kinds

SWMS requirements in Queensland

If a SWMS for work with a risk of a fall of more than 2 metres relies only on administrative controls or PPE, it must describe every control measure considered when choosing them (section 299(4)).

SWMS rules in South Australia

Act: Work Health and Safety Act 2012 (SA)
Regulation: Work Health and Safety Regulations 2012 (SA)
Regulator: SafeWork SA
SWMS duties: Regulations 299 to 303 (prepare, follow, give the principal contractor a copy, review, keep) and 312 (principal contractor obtains it)
High-risk construction work: Regulation 291: the model's 18 kinds

SWMS requirements in South Australia

Since 1 July 2026 the falls trigger is 2 metres, the same as the model. It was 3 metres before then.

SWMS rules in Western Australia

Act: Work Health and Safety Act 2020 (WA)
Regulation: Work Health and Safety (General) Regulations 2022 (WA)
Regulator: WorkSafe WA
SWMS duties: Regulations 299 to 303 (prepare, follow, give the principal contractor a copy, review, keep) and 312 (principal contractor obtains it)
High-risk construction work: Regulation 291: the model's 18 kinds

SWMS requirements in Western Australia

Its SWMS and high-risk construction work rules match the model WHS Regulations.

SWMS rules in Tasmania

Act: Work Health and Safety Act 2012 (Tas)
Regulation: Work Health and Safety Regulations 2022 (Tas)
Regulator: WorkSafe Tasmania
SWMS duties: Regulations 299 to 303 (prepare, follow, give the principal contractor a copy, review, keep) and 312 (principal contractor obtains it)
High-risk construction work: Regulation 291: the model's 18 kinds

SWMS requirements in Tasmania

Its SWMS and high-risk construction work rules match the model WHS Regulations.

SWMS rules in Northern Territory

Act: Work Health and Safety (National Uniform Legislation) Act 2011 (NT)
Regulation: Work Health and Safety (National Uniform Legislation) Regulations 2011 (NT)
Regulator: NT WorkSafe
SWMS duties: Regulations 299 to 303 (prepare, follow, give the principal contractor a copy, review, keep) and 312 (principal contractor obtains it)
High-risk construction work: Regulation 291: the model's 18 kinds, with a 3-metre falls trigger for residential work

SWMS requirements in Northern Territory

Since 17 July 2026, residential construction work (houses, and attached or adjacent garages, carports and sheds) is high-risk for falls only above 3 metres. Other construction work keeps the 2-metre trigger.

SWMS rules in Australian Capital Territory

Act: Work Health and Safety Act 2011 (ACT)
Regulation: Work Health and Safety Regulation 2011 (ACT)
Regulator: WorkSafe ACT
SWMS duties: Sections 299 to 303 and 312
High-risk construction work: Section 291: 19 kinds, adding crystalline silica processing

SWMS requirements in Australian Capital Territory

Adds a 19th kind of high-risk construction work: processing crystalline silica material with a power tool or another mechanical method.
Its traffic corridor item names light rail.

SWMS rules in Commonwealth

Act: Work Health and Safety Act 2011 (Cth)
Regulation: Work Health and Safety Regulations 2011 (Cth)
Regulator: Comcare
SWMS duties: Regulations 299 to 303 (prepare, follow, give the principal contractor a copy, review, keep) and 312 (principal contractor obtains it)
High-risk construction work: Regulation 291: the model's 18 kinds

Covers the Commonwealth, its public authorities and businesses licensed to self-insure under Comcare. Most private businesses follow their state or territory law.

Common questions

Is a SWMS required in every state?: Yes. Every state and territory requires a SWMS before high-risk construction work starts. Victoria's rules sit in its own OHS Regulations 2017; everywhere else follows the model WHS Regulations, with some local differences.
How is Victoria different?: Victoria uses the OHS Act 2004 and OHS Regulations 2017, not the model WHS laws. Its list has 19 kinds of high-risk construction work, the duties fall on employers and self-employed people, and there's no duty to give the principal contractor a copy.
Is the falls height 2 metres everywhere?: Mostly. A risk of a fall of more than 2 metres is high-risk construction work everywhere, except residential construction work in the Northern Territory, where the trigger is 3 metres since 17 July 2026. South Australia moved from 3 metres to 2 metres on 1 July 2026.
When does a job count as a construction project?: It depends on the state: $250,000 or more under the model laws, $450,000 in South Australia, $1,000,000 in the Northern Territory, and 5 or more people on site at once in Western Australia. Victoria's principal contractor duties start at $350,000.

Not sure your work is high-risk? Do I need a SWMS?

This is a summary for planning, not legal advice. Check the current law with your regulator, especially before relying on a recent change.