INSIGHT · LICENSING & COMPLIANCE
Two metres is the model line.
The NT has just split it.
A safe work method statement (SWMS) is required before high risk construction work starts. The model WHS Regulations (5 December 2025) list 18 categories of that work, including a risk of a person falling more than 2 metres. Victoria and the ACT each list 19 paragraphs, for different reasons. From 17 July 2026 the NT keeps 2 metres generally but sets 3 metres for Class 1 and related Class 10 work. We found no SWMS expiry date in the instruments read. Under the model regulations a SWMS is reviewed when controls are revised, and kept until the work is completed or for at least 2 years after a connected notifiable incident. SA and NSW regulation text was not verified on 2 November 2026.
Analysed 2 November 2026 · Model WHS Regulations (5 December 2025) · Qld WHS Regulation 2011 (point in time 29 March 2026) · WA WHS (General) Regulations 2022, 01-c0-00 (1 July 2026) · Tas WHS Regulations 2022 (current) · ACT WHS Regulation 2011, R47 (29 November 2025) · NT WHS (National Uniform Legislation) Regulations 2011 (17 July 2026) · Vic OHS Regulations 2017, Version 018 (20 October 2026) · NSW and SA regulation text not verified · all read 2 November 2026.
Key takeaways
- A SWMS comes before the work: Model regulation 299 requires a business carrying out high risk construction work to ensure, before that work commences, that a SWMS is prepared or has already been prepared by another person. Queensland, WA, Tasmania, the ACT and the NT carry the same regulation number. Victoria's rule is regulation 327.
- 18 or 19: a drafting split in Victoria, a new subject in the ACT: The model list runs from paragraph (a) to (r), with trenches, shafts and tunnels in one paragraph. Victoria's regulation 322 runs from (a) to (s), with tunnels on their own, and its demolition paragraph has no load-bearing wording. The ACT's section 291(1) also runs to (s), but its extra paragraph is a further subject: processing crystalline silica material using a power tool or another mechanical method.
- The NT changed twice in 2026: On 28 May 2026 the NT construction project threshold moved from $500,000 to $1,000,000. On 17 July 2026 its fall trigger became 2 metres for non-residential work and 3 metres for Class 1 buildings and related Class 10 buildings.
- Principal contractor triggers are not one number: The model, Queensland, Tasmania and the ACT use a construction project costing $250,000 or more. Victoria uses $350,000 or more for contracts from 1 July 2014, the NT $1,000,000 or more, and WA uses 5 or more persons working at the same time, with no dollar figure.
- We would store a SWMS as a dated version: A system-design recommendation: hold which work it covers, the version in force on each day, who received it, what triggered each review, and the date retention ends, so the record shows what applied when the work was done.
SWMS rules
in eight jurisdictions
Victoria uses the Occupational Health and Safety Act 2004 framework, so its duty holder is an employer or self-employed person. The other jurisdictions read use the phrase a person conducting a business or undertaking.
| State | High risk categories listed | Fall-height trigger | SWMS review | SWMS retention | Principal contractor trigger | Instrument and version read |
|---|---|---|---|---|---|---|
| NSW | not verified (2 Nov 2026) | SafeWork NSW's checklist says more than 2 metres; regulation text not verified (2 Nov 2026) | SafeWork NSW's Construction Work code (August 2019) says reviewed and revised if necessary; regulation text not verified (2 Nov 2026) | SafeWork NSW's Construction Work code (August 2019) says until the work is completed, or at least 2 years after a connected notifiable incident; regulation text not verified (2 Nov 2026) | SafeWork NSW's Construction Work code (August 2019) says $250,000 or more; current regulation text not verified (2 Nov 2026) | SafeWork NSW working at heights checklist (undated) and Code of Practice (August 2019); read 2 Nov 2026. Regulation text not read |
| Victoria | 19 paragraphs, (a) to (s) (reg 322) | Risk of a person falling more than 2 metres (reg 322(a)) | Whenever the work changes, or if there is an indication controls are not adequate, including after any incident (reg 328) | For the duration of the high risk construction work (reg 329) | Construction project costing $350,000 or more; $250,000 or more if the contract was made before 1 July 2014 (regs 332, 558) | Occupational Health and Safety Regulations 2017, Version 018, effective 20 October 2026; read 2 Nov 2026 |
| Queensland | 18 paragraphs, (a) to (r) (s 291) | Risk of a person falling more than 2m (s 291(a)) | If relevant control measures are revised under s 38 (s 302) | Until the work is completed; at least 2 years after a notifiable incident connected with it (s 303) | Construction project costing $250,000 or more (s 292) | Work Health and Safety Regulation 2011, point in time 29 March 2026; read 2 Nov 2026 |
| South Australia | not verified (2 Nov 2026) | not verified (2 Nov 2026) | not verified (2 Nov 2026) | not verified (2 Nov 2026) | not verified (2 Nov 2026) | Work Health and Safety Regulations 2012: register, gazette and regulator did not open to us on 2 Nov 2026 |
| WA | 18 paragraphs, (a) to (r) (reg 291) | Risk of a person falling more than 2 metres (reg 291(a)) | If relevant control measures are revised under reg 38 (reg 302) | Until the work is completed; at least 2 years after a notifiable incident connected with it (reg 303) | 5 or more persons are, or are likely to be, working at the same time at a construction site (reg 292); no dollar figure | Work Health and Safety (General) Regulations 2022, version 01-c0-00, current from 1 July 2026; read 2 Nov 2026 |
| Tasmania | 18 paragraphs, (a) to (r) (reg 291) | Risk of a person falling more than 2 metres (reg 291(a)) | If relevant control measures are revised under reg 38 (reg 302) | Until the work is completed; at least 2 years after a notifiable incident connected with it (reg 303) | Construction project costing $250,000 or more (reg 292) | Work Health and Safety Regulations 2022, current version viewed 2 Nov 2026 |
| ACT | 19 paragraphs, (a) to (s), the model list plus processing crystalline silica material using a power tool or another mechanical method (s 291(1)) | Risk of a person falling more than 2m (s 291(1)(a)) | If relevant control measures are revised under s 38 (s 302) | Until the work is completed; at least 2 years after a notifiable incident connected with it (s 303) | Construction project costing $250,000 or more, or involving demolition or refurbishment of a structure containing loose-fill asbestos insulation (s 292) | Work Health and Safety Regulation 2011, Republication 47, effective 29 November 2025; read 2 Nov 2026 |
| NT | 18 subject areas; falls now split across (a) and (ab) (reg 291) | More than 2 m if not residential construction work; more than 3 m if it is, meaning Class 1 buildings and related Class 10 buildings (reg 291(1), (2)) | If relevant control measures are revised under reg 38 (reg 302) | Until the work is completed; at least 2 years after a notifiable incident connected with it (reg 303) | Construction project costing $1,000,000 or more (reg 292) | Work Health and Safety (National Uniform Legislation) Regulations 2011, as in force at 17 July 2026; read 2 Nov 2026 |
The 18 categories,
and why Victoria and the ACT count 19.
Regulation 291 of the model WHS Regulations (5 December 2025) defines high risk construction work by listing 18 paragraphs of construction work.
- Height and structure: A risk of a person falling more than 2 metres; work on a telecommunication tower; demolition of a load-bearing or integrity-related element; structural alterations or repairs needing temporary support to prevent collapse; tilt-up or precast concrete.
- Ground and enclosed space: Work in or near a confined space; in or near a shaft or trench deeper than 1.5 metres, or a tunnel; use of explosives.
- Hazardous substances and services: Likely disturbance of asbestos; work on or near pressurised gas mains or piping; on or near chemical, fuel or refrigerant lines; on or near energised electrical installations or services; an area with a contaminated or flammable atmosphere.
- Traffic, plant, heat and water: Work on, in or adjacent to a traffic corridor in use by traffic other than pedestrians; an area with movement of powered mobile plant; artificial extremes of temperature; in or near water or liquid with a drowning risk; diving work.
- Victoria: the same subjects, set out differently: Regulation 322 of the Victorian OHS Regulations 2017 gives trench or shaft work and tunnel work separate paragraphs, which produces 19. It also lists "involving demolition" without the model's load-bearing wording, and "structural alterations" without the word repairs. Its traffic paragraph names roadways and railways, not shipping lanes.
- ACT: one further subject: Section 291(1)(s) of the ACT Work Health and Safety Regulation 2011 adds work involving processing crystalline silica material using a power tool or another mechanical method, which produces 19. Its traffic paragraph also names light rail.
- Victoria: a condition on the duty: Regulation 327(1) applies where there is a risk to the health or safety of any person arising from the work. For asbestos removal or likely disturbance, regulation 327(3) treats an asbestos control plan under regulation 272 as the SWMS.
What changed in 2026,
and what applied before
Two Northern Territory amendments in 2026 moved the triggers for construction work.
In the NT definition, residential construction work means work for or in connection with the construction of a Class 1 building, or a Class 10 building attached or adjacent to a Class 1 building, with a garage, carport and freestanding shed given as examples. A Class 2 apartment building is not on that list.
| State | Before | Now | Start and transitional rule | Instrument and version read |
|---|---|---|---|---|
| NT | Construction project: cost of $500,000 or more (reg 292, reprint at 1 September 2024) | Construction project: cost of $1,000,000 or more (reg 292) | Commenced 28 May 2026. The earlier reg 292 continues for a project if construction work began before commencement (reg 837) | Work Health and Safety (National Uniform Legislation) Amendment Regulations 2026, SL No 14 of 2026, as recorded in the reprint at 17 July 2026; read 2 Nov 2026 |
| NT | Falling more than 2 m, for all construction work (reg 291(a), reprint at 28 May 2026) | More than 2 m if not residential construction work; more than 3 m if it is (reg 291(1)(a), (ab)) | Made 16 July 2026, commenced 17 July 2026. No transitional rule appears in the instrument | Further Amendment Regulations 2026, SL No 21 of 2026, as made; read 2 Nov 2026 |
Do SWMS expire?
Review and retention, read closely.
We found no expiry date or fixed validity period for a SWMS in the WHS regulations of Queensland, WA, Tasmania, the ACT and the NT, or in Victoria's OHS Regulations 2017. The provisions read tie it to events.
- Review follows the control measures: Model regulation 302 requires a SWMS to be reviewed and as necessary revised if relevant control measures are revised under regulation 38. Victoria's regulation 328 lists its own triggers: the work changes, or there is an indication that controls are not adequate, including after any incident during the work.
- Keeping it runs to completion: Model regulation 303(1) requires a copy to be kept until the high risk construction work is completed. Victoria's regulation 329 says for the duration of the work.
- A notifiable incident extends it: Model regulation 303(2) requires the SWMS to be kept for at least 2 years after a notifiable incident connected with the work. Victoria's regulation 329 carries no such extension in its text.
- It has to be reachable while it is kept: Model regulation 303(3) and (4) require a copy to be readily accessible to workers engaged to carry out the work, and available for inspection under the Act.
- If the work departs from it: Model regulation 300(2) requires the work to be stopped immediately or as soon as it is safe to do so, and resumed only in accordance with the statement. Victoria's regulation 327(2) allows resumption once the statement is complied with, or reviewed and if necessary revised.
- Queensland asks for one thing more: Section 299(4) of the Queensland regulation: where a SWMS for a fall risk over 2m relies only on administrative controls or personal protective equipment, it must describe all control measures considered.
Who the principal contractor is,
and when the role starts.
Under model WHS regulation 293, the business commissioning a construction project is the principal contractor unless it engages another business in that role and authorises it to have management or control of the workplace.
- Residential premises: Model regulation 293(3): where an individual owner of residential premises engages a business for a construction project, that business is the principal contractor if it has management or control of the workplace. Victoria's regulation 333(2) reaches domestic premises in similar terms.
- One at a time: Model regulation 293(4): a construction project has only one principal contractor at any specific time.
- The SWMS comes to the principal contractor: Model regulation 301: where the work is connected with a construction project, a copy must be given to the principal contractor before the work commences.
- What the role adds: Model regulations 308 and 309: signage naming the principal contractor, with contact numbers, and a written WHS management plan prepared before work on the project commences. Victoria's equivalent is a health and safety co-ordination plan (regulation 335).
- How cost is measured in Victoria: Regulation 332(2) values a project the way section 11 of the Security of Payment Act 2002 values construction work under a contract.
- WA counts people, not dollars: A WA project can cross the line through headcount on site, so the trigger is a fact about the programme rather than the contract sum.
What we would put in a system
A SWMS is useful as evidence when it can show which version applied to which work on which day.
Where agents help here is narrow. A compliance agent can read a SWMS and a site diary, propose the category and state rule, flag a revised control with no revised SWMS, and draft the retention date. A person confirms. No agent decides whether work is high risk construction work, whether controls are adequate, or whether a SWMS complies. This is a record design, not a template and not WHS advice.
| Field | Why it is load-bearing |
|---|---|
| The work identified, by category and location | Model reg 299(2)(a) requires the SWMS to identify the high risk construction work. Linking the category to the instrument and version shows why it was treated as high risk. |
| The state rule and read date | A house in the NT sat under 2 m on 16 July 2026 and 3 m on 17 July 2026. The rule applied depends on the date. |
| Version and date of each revision | Model reg 302 ties revision to revised control measures, and Vic reg 328 to changed work. A dated version shows what was in force that day. |
| What triggered the review | An incident, a changed method or a revised control measure, linked to the site diary entry for that day. |
| Who prepared it, and if adopted from another business, whose it was | Model reg 299(1)(b) allows a SWMS already prepared by another person. Reg 299(3) still requires the workplace circumstances to be taken into account. |
| Date given to the principal contractor | Model reg 301 requires the copy before the work commences, so the two dates need to be comparable. |
| Work completion date, any notifiable incident, and the retention end date | Model reg 303 counts from completion, or 2 years after the incident. Vic reg 329 runs for the duration of the work. |
Questions worth asking
of your own safety records
For a builder working in the NT: which of your open jobs are residential construction work under reg 291(2)?
From 17 July 2026 the NT fall trigger depends on whether the work is for a Class 1 building or a related Class 10 building. A job record that holds the NCC class shows which trigger was read. General information as read on 2 November 2026, not legal or WHS advice.
For a principal contractor: can you show the date each subcontractor's SWMS reached you?
Model regulation 301 requires the copy before the high risk construction work commences. The received date, beside the first day of that work on site, is what answers the question.
For a multi-state builder: is one project-value line built into your process?
As read on 2 November 2026 the principal contractor trigger was $250,000 in Queensland, Tasmania and the ACT, $350,000 in Victoria, $1,000,000 in the NT, and 5 or more persons in WA. A single number will be wrong somewhere.
For a safety manager: where would a notifiable incident change your retention date?
Model regulation 303(2) requires at least 2 years after the incident. If SWMS archiving runs off completion alone, the incident has to reach that record.
Questions people ask
about high risk construction work
What is high risk construction work?
Under regulation 291 of the model Work Health and Safety Regulations (5 December 2025), it is construction work in 18 listed categories, including a risk of a person falling more than 2 metres, disturbing asbestos, trenches deeper than 1.5 metres, and work near energised electrical services. Queensland, WA and Tasmania use that list, the ACT adds a paragraph on processing crystalline silica material, and the NT has changed the fall paragraph. As read on 2 November 2026.
What is the high risk construction work definition in Victoria?
Regulation 322 of the Occupational Health and Safety Regulations 2017 (Vic), Version 018, lists 19 paragraphs, (a) to (s). It covers the same subjects as the model list, with tunnels in a separate paragraph, and its demolition paragraph has no load-bearing wording. Its fall trigger is more than 2 metres. As read on 2 November 2026.
What is high risk construction work in SA?
We could not verify this on 2 November 2026, because the SA legislation register, Government Gazette and SafeWork SA did not open to us. The instrument to read is the current Work Health and Safety Regulations 2012 (SA).
Do SWMS expire?
We found no expiry date for a safe work method statement in the WHS regulations read for Queensland, WA, Tasmania, the ACT and the NT, or in Victoria's OHS Regulations 2017. Model regulation 302 requires review and any necessary revision if relevant control measures are revised, and Victoria's regulation 328 requires review when the work changes or controls appear inadequate. As read on 2 November 2026.
How long do SWMS need to be kept?
In Queensland, WA, Tasmania, the ACT and the NT, regulation or section 303 requires a copy until the high risk construction work is completed, and for at least 2 years after a notifiable incident connected with it. Victoria's regulation 329 requires a copy for the duration of the work. As read on 2 November 2026.
What is a principal contractor's role and when does it apply?
Under model WHS regulation 293 the principal contractor is the business commissioning a construction project, or the business it engages and authorises in that role. Model regulation 309 requires it to prepare a written WHS management plan before work commences. The project trigger differs: $250,000 in the model, $350,000 in Victoria, $1,000,000 in the NT, 5 or more persons in WA, as read on 2 November 2026.
What this analysis
does and does not show.
Evidence note
- What it shows
- The category count, fall-height trigger, SWMS review and retention rules and principal contractor trigger in the model regulations, Queensland, WA, Tasmania, the ACT, the NT and Victoria, read from each instrument on 2 November 2026, and two NT changes read from the amending instrument and superseded reprints.
- Key facts quoted
- Model regs 291, 292, 293, 299 to 303, 308, 309: 18 paragraphs, more than 2 metres, $250,000. Vic regs 322, 327 to 329, 332, 558: 19 paragraphs, $350,000. ACT s 291(1): 19 paragraphs, with crystalline silica at (s). WA reg 292: 5 or more persons. NT regs 291, 292, 837: 2 m and 3 m from 17 July 2026, $1,000,000 from 28 May 2026. Paragraph counts are our count of the lettered paragraphs.
- South Australia is not verified. legislation.sa.gov.au, the SA Government Gazette and SafeWork SA did not open to us on 2 November 2026, and we did not route around that, so the SA row holds no figures, and nothing here states the SA trigger or whether it changed.
- NSW regulation text is not verified. The NSW legislation register did not open to us. SafeWork NSW's Construction Work code is dated August 2019 and predates the Work Health and Safety Regulation 2025 (NSW), so its statements are shown as the regulator's dated statements. We make no statement on whether the 2025 text differs.
- We did not read Safe Work Australia's codes of practice for this comparison, or WHS Acts other than where a regulation points to them. Codes can carry more detail on how to prepare a SWMS.
- Asbestos, diving, demolition and high risk work licences have their own rules, which are outside this comparison.
- We did not assess whether any work is high risk construction work, or whether any SWMS complies.
- Nothing here is legal or WHS advice. It is not a template and does not tell a business how to control any risk.
Bring us one SWMS
and the day it was used.
Send a SWMS, the site diary for one day of that work, and the record showing when it reached the principal contractor. We will show you whether your records can say which version applied, under which state rule, and when retention ends.
This article is general information about published Australian workplace safety regulations. It is not legal or WHS advice and it does not determine whether any work is high risk construction work or whether any SWMS complies. Instruments as read on 2 November 2026 at the versions listed. NSW and SA regulation text was not verified.
Sources
Suggested citation: model Work Health and Safety Regulations and state and territory instruments at the versions listed, as read 2 November 2026. Derived figures: the paragraph counts (our count of lettered paragraphs).
- Safe Work Australia - Model Work Health and Safety Regulations: PCC [360], 5 December 2025 · read 2 November 2026 · National model regulations
- Victorian Legislation - Occupational Health and Safety Regulations 2017: Authorised Version No. 018, effective 20 October 2026 · read 2 November 2026 · Legislation register
- Queensland Legislation - Work Health and Safety Regulation 2011: Current version, point in time 29 March 2026 · read 2 November 2026 · Legislation register
- Western Australian Legislation - Work Health and Safety (General) Regulations 2022: Version 01-c0-00, current from 1 July 2026 · read 2 November 2026 · Legislation register
- Tasmanian Legislation - Work Health and Safety Regulations 2022: Current version viewed 2 November 2026 · read 2 November 2026 · Legislation register
- ACT Legislation Register - Work Health and Safety Regulation 2011: Republication No 47, effective 29 November 2025 · read 2 November 2026 · Legislation register
- NT Legislation - Work Health and Safety (National Uniform Legislation) Regulations 2011: Reprint as in force at 17 July 2026, and superseded reprints at 28 May 2026 and 1 September 2024 · read 2 November 2026 · Legislation register
- NT Legislation - Work Health and Safety (National Uniform Legislation) Further Amendment Regulations 2026: SL No 21 of 2026, made 16 July 2026 · read 2 November 2026 · Legislation register
- SafeWork NSW - Safety checklist: working at heights in construction: No date shown · read 2 November 2026 · Regulator checklist
- SafeWork NSW - Code of Practice: Construction Work: August 2019 · read 2 November 2026 · Regulator code of practice, predates the current regulation
RELATED READING
Other readings on the same records.
- A site diary can hold the dates later claims count from: What a construction site diary should record each day, the deadlines that run from its entries, and the record periods the law sets. (Licensing & Compliance)
- An ITP line is a check, its reference and a record: Example inspection and test plans for six building trades, with each check tied to a public NCC 2022 clause, a state stage or a regulator page. (Licensing & Compliance)
- Which building materials are rising, and which are falling, by the ABS count: ABS materials index for house building, September quarter 2026: electrical equipment up 14.5% over the year; four items fell, led by metal roofing (our calc.). (Cost & Quoting)