SWMS in Australian Capital Territory
A business carrying out high-risk construction work must make sure a SWMS for the work has been prepared before that work starts.
Work Health and Safety Regulation 2011 s299(1) · read 21 Oct 2026 · primary text
A$39per job
However many high-risk activities it covers.
- However many high-risk activities it covers.
- 3 for A$99
- 10 for A$249
- Yearly A$129 for 120
- Monthly A$60 for 10
High-risk construction work
The high-risk list in Australian Capital Territory
Work Health and Safety Regulation 2011, s291. Plain words first, then the regulation's own.
- Someone could fall more than 2 metres“involves a risk of a person falling more than 2 m” (s291(1)(a))
- Work on a telecommunication tower“is carried out on a telecommunication tower” (s291(1)(b))
- Demolition“involves demolition of an element of a structure that is load-bearing or otherwise related to the physical integrity of the structure” (s291(1)(c))
- Work that disturbs, or may disturb, asbestos“involves, or is likely to involve, the disturbance of asbestos” (s291(1)(d))
- Structural alterations or repairs that need temporary support“involves structural alterations or repairs that require temporary support to prevent collapse” (s291(1)(e))
- Work in or near a confined space“is carried out in or near a confined space” (s291(1)(f))
- A trench or shaft deeper than 1.5 metres“a shaft or trench with an excavated depth greater than 1.5 m” (s291(1)(g)(i))
- Work in or near a tunnel“a tunnel” (s291(1)(g)(ii))
- Using explosives“involves the use of explosives” (s291(1)(h))
- On or near pressurised gas mains or piping“is carried out on or near pressurised gas distribution mains or piping” (s291(1)(i))
- On or near chemical, fuel or refrigerant lines“is carried out on or near chemical, fuel or refrigerant lines” (s291(1)(j))
- Work on or near live electrical installations or services“is carried out on or near energised electrical installations or services” (s291(1)(k))
- An area that may have a contaminated or flammable atmosphere“is carried out in an area that may have a contaminated or flammable atmosphere” (s291(1)(l))
- Tilt-up or precast concrete“involves tilt-up or precast concrete” (s291(1)(m))
- On or next to a road, railway or other traffic route in use“is carried out on, in or adjacent to a road, railway (including light rail), shipping lane or other traffic corridor that is in use by traffic other than pedestrians” (s291(1)(n))
- Moving powered mobile plant in the work area“is carried out in an area at a workplace in which there is any movement of powered mobile plant” (s291(1)(o))
- An area with artificial extremes of heat or cold“is carried out in an area in which there are artificial extremes of temperature” (s291(1)(p))
- In or near water or liquid with a risk of drowning“is carried out in or near water or other liquid that involves a risk of drowning” (s291(1)(q))
- Diving work“involves diving work” (s291(1)(r))
- Cutting, grinding or drilling silica material with a power tool“involves processing crystalline silica material using a power tool or another mechanical method” (s291(1)(s))
Where Australian Capital Territory differs from other states
- On or next to a road, railway or other traffic route in useACT: “is carried out on, in or adjacent to a road, railway (including light rail), shipping lane or other traffic corridor that is in use by traffic other than pedestrians” · NSW, Qld, WA, SA, Tas, NT: “is carried out on, in or adjacent to a road, railway, shipping lane or other traffic corridor that is in use by traffic other than pedestrians”
- Cutting, grinding or drilling silica material with a power toolACT: “involves processing crystalline silica material using a power tool or another mechanical method” · not on the other states' lists
The SWMS itself
Writing, reviewing and keeping it
What it must contain
A SWMS must identify the high-risk construction work, the hazards and risks, the measures that control those risks, and how the controls will be put in place, monitored and reviewed.
Work Health and Safety Regulation 2011 s299(2) · read 21 Oct 2026 · primary text
Reviewing it
The SWMS must be reviewed, and revised as needed, when the relevant control measures are revised.
Work Health and Safety Regulation 2011 s302 · read 21 Oct 2026 · primary text
Keeping it
Keep a copy of the SWMS until the high-risk construction work is finished, or for at least 2 years after a notifiable incident connected with the work.
Work Health and Safety Regulation 2011 s303 · read 21 Oct 2026 · primary text
Principal contractors
On a construction project
Bigger projects have a principal contractor, usually the builder, with extra duties.
A construction project is a project involving construction work that costs $250,000 or more, or that involves demolishing or refurbishing a structure containing loose-fill asbestos insulation.
Work Health and Safety Regulation 2011 s292 · read 21 Oct 2026 · primary text
On a construction project, a copy of the SWMS must be given to the principal contractor before the high-risk construction work starts.
Work Health and Safety Regulation 2011 s301 · read 21 Oct 2026 · primary text
The regulator
WorkSafe ACT
The regulator publishes the legislation, its guidance and its own SWMS template. It has the final say.
Sources
- 1.Work Health and Safety Regulation 2011 · Republication R47, effective 29 Nov 2025 (current on 21 Oct 2026) · accessed 21 October 2026
- 2.Work Health and Safety Regulation 2011 · ACT WHS Regulation 2011, republication R47, effective 29/11/25 · accessed 21 October 2026
Other states