Local government

Under the Work Health and Safety Act 2020 (WHS Act) local governments are bodies corporate that have the duties of a person conducting a business or undertaking (PCBU).

As a PCBU, they have a primary duty of care to ensure, so far as is reasonably practicable, the health and safety of workers and others at the workplace.

These frequently asked questions provide information on the work health and safety (WHS) duties of local governments as a PCBU, its officers, council members, workers and volunteers.

A local government is a body corporate and has the duties of a PCBU. Examples of local governments can be found in the local government directory.
The local government chief executive officer has the duties of a worker and an officer. Local government directors, including the chief financial officer have the duties of a worker and, in some cases, also the duties of an officer.
Neither a local government council nor its elected members are a PCBU.
Each elected member (councillor, mayor or president) has the duties of another person at the workplace and, in some cases, the duties of a worker. For example, if the elected member also volunteers for the local government (e.g. bush fire volunteer) they would have the duties of a worker while volunteering.
Yes. As other persons at the workplace, local government councillors must take reasonable care of their own health and safety, and that of others who may be adversely affected by their acts or omissions. They must also comply, so far as they are reasonably able, with any reasonable instruction provided by the local government (the PCBU) to enable its compliance with the WHS Act and Work Health and Safety (General) Regulations 2022.
Councillors must comply with these work health and safety duties while at the workplace. This includes when participating in decision-making (debating and voting), attending council meetings, and interacting with other people at the workplace.
Councillors’ duties under the WHS Act intersect with aspects of their roles set out by the Local Government Act 1995 and the associated regulations. For example, these laws require councillors to:
- facilitate and maintain good working relationships with councillors, mayors, presidents and chief executive officers
- consistently act with regard to their role in supporting a workplace culture that promotes respectful and fair treatment of local government employees.
Performing the functions of their roles in accordance with the Local Government Act 1995 may support councillors in meeting their WHS duties. However, complying with requirements under local government legislation does not automatically mean that a councillor or other duty holder is complying with the WHS Act and regulations.
Yes. Workers, as defined in the WHS Act, include volunteers who carry out work for a PCBU. Therefore, a local government that engages volunteers must ensure, so far as is reasonably practicable, the health and safety of those volunteers while they are at work.
Ensuring that volunteers are consulted in accordance with the WHS Act can assist local governments to meet this duty. For example, consulting volunteers when identifying hazards, assessing risks to health and safety, and deciding how best to manage those risks.
More information about WHS and volunteers is available in the Work health and safety for volunteer organisations: Guide .
The council’s decisions may have WHS implications for the local government’s workers or other persons at the workplace. It is important that the council has an understanding of risks within the local government’s control and how their decisions may impact the health and safety of workers and other persons at the workplace.
It is appropriate for the chief executive officer to provide the council with high-level information regarding WHS matters. The council does not need detailed information about all WHS issues the local government is managing, as the role of council is strategic rather than operational.
As a PCBU, the local government has a duty to eliminate psychosocial risks so far as is reasonably practicable. If it is not reasonably practicable to eliminate psychosocial risks, the local government must minimise the risks so far as is reasonably practicable.
Psychosocial health and safety issues involving elected members often relate to inappropriate or ineffective communication and dispute resolution systems.
So far as is reasonably practicable, the local government should provide council members with:
- information on standards of communication, for example as set out in the mandatory code of conduct
- systems to resolve issues or disagreements
- conciliation services, and
- information about their (council members’) work health and safety duties.
In the first instance, psychosocial hazards including bullying or harassment should be reported to the local government (PCBU) in accordance with their procedures.
Unresolved psychosocial hazards can be reported to WorkSafe.
For more information, see:
In some cases, behaviours or conduct of council members may also breach the Local Government Act 1995. The Local Government Inspector can assess and investigate reports of this nature.
For more information, see:
- Local Government Inspector
- Types of complaints considered by the Local Government Inspector

Print

Acknowledgement of Country

Local government

Print

Share

Acknowledgement of Country