The common ground
Every state and territory requires a safe work method statement (SWMS) before high risk construction work starts. Everywhere except Victoria uses laws based on the national model WHS Act and Regulations, so the core duties match: prepare the SWMS before work starts, consult workers, follow it, review it when controls change, and keep it until the work is finished.
The differences are in the detail: which regulations apply, the fall height that triggers a SWMS, the principal contractor threshold and how penalties are set.
State and territory comparison
| Where | Law and regulator | Fall height trigger | What's different |
|---|---|---|---|
| WA | Work Health and Safety (General) Regulations 2022. WorkSafe WA. | 2 m | WorkSafe WA guidance says that if you rely on administrative controls for falls between 2 and 3 metres in housing, the SWMS must explain why fall prevention wasn't used. |
| NSW | Work Health and Safety Regulation 2025 (replaced the 2017 Regulation on 22 August 2025). SafeWork NSW. | 2 m | Penalties are set in penalty units, indexed every 1 July. On-the-spot fines rose under the 2025 Regulation. |
| Qld | Work Health and Safety Regulation 2011. WorkSafe Queensland. | 2 m | A SWMS is needed above 2 m on all construction, including housing. Separately, mandatory fall prevention or arrest controls start at 3 m for housing and 2 m for other construction. |
| SA | Work Health and Safety Regulations 2012 (SA). SafeWork SA. | 2 m (from 1 July 2026) | SA lowered its threshold from 3 m to 2 m on 1 July 2026, bringing it into line with the national model. |
| Vic | Occupational Health and Safety Act 2004 and OHS Regulations 2017. WorkSafe Victoria. | 2 m | Not a model WHS state. Lists 19 types of high risk construction work (tunnels are listed separately). Principal contractor duties apply to projects of $350,000 or more. |
| Tas | Work Health and Safety Regulations 2022. WorkSafe Tasmania. | 2 m | WorkSafe Tasmania's construction guide says an inspector would expect a template to be customised for each project. |
| ACT | Work Health and Safety Regulation 2011. WorkSafe ACT. | 2 m | WorkSafe ACT states there are no exemptions based on the size or value of the job. Guidance is available in several community languages. |
| NT | Work Health and Safety (National Uniform Legislation) Regulations 2011. NT WorkSafe. | 2 m, or 3 m for residential construction | NT WorkSafe says regulation 291 was amended in July 2026 to raise the residential threshold to 3 m. |
Outside Victoria, a construction project of $250,000 or more needs a principal contractor, who has to get a SWMS from each contractor doing high risk construction work before it starts. More on that in who prepares, signs and keeps a SWMS.
Where to get a template in each state
- WA: WorkSafe WA publishes a SWMS information sheet and a Word template.
- NSW: SafeWork NSW has a SWMS template (Template 5) in its housing site safety pack and a sample formwork SWMS.
- Qld: WorkSafe Queensland points to Safe Work Australia's interactive SWMS tool and a template in its house relocation guide.
- SA: Use the Safe Work Australia sample template and check it against SafeWork SA guidance.
- Vic: WorkSafe Victoria has a fillable SWMS template with sample text.
- Tas: WorkSafe Tasmania offers blank and sample SWMS templates in its construction tools and templates.
- ACT: WorkSafe ACT has a template in Word and PDF, a formwork sample and a guidance note.
- NT: NT WorkSafe has a template in Word and PDF.
Every one of these needs adapting to the site. See SWMS template: what to include for how to fill each section.
Australia / JSA & SWMS drafts
Different state, same job to describe.
Explain the work out loud and SOPmate drafts an editable SWMS you can check against your state's rules with your crew.
iPhone and iPad. Not on iPhone? Email support@sopmate.ai to hear about Android.
Fines and penalties by state
The model WHS Regulations set a maximum of $6,000 for an individual and $30,000 for a company for failing to prepare a SWMS (regulation 299) or not following it (regulation 300). States apply their own figures on top of that framework.
| Where | What you can face |
|---|---|
| NSW | Penalties set in penalty units. For 2026-27 a NSW WHS penalty unit is $128.36. On-the-spot fines also apply, for example $8,750 for a company with inadequate fall protection under the 2025 Regulation. |
| Qld | Penalties set in penalty units. Under the WHS laws a penalty unit is $100 (the general Queensland unit, $172.70 from 1 July 2026, doesn't apply to WHS offences). A WorkSafe Queensland prosecution summary lists a $30,000 maximum for failing to prepare a SWMS. |
| WA | Model-based penalties set as dollar amounts. In 2024 a WA company was fined $30,000 for failing to prepare a SWMS before high risk construction work, as part of a $90,000 total penalty. |
| Vic | Separate OHS penalties set in penalty units, $209.10 each for 2026-27. Infringement notices of up to $2,091 for a company and $418.20 for an individual cover a range of offences, including failing to keep required records. |
| SA, Tas, ACT, NT | Model-based regulation penalties, plus on-the-spot fines in some jurisdictions. Check your regulator for the current figures. |
| Anywhere, if someone is hurt or killed | Category 1 maximums for a company in 2026-27 range from $3 million (Qld, SA, Tas, NT) to more than $11.6 million (NSW). Industrial manslaughter applies in every jurisdiction. |
An inspector can also issue an improvement or prohibition notice, which stops the work until the risk is fixed. Penalty values change every financial year in most states, so check your regulator before relying on a figure.
Working across borders
- Use the rules where the work is done, not where your business is registered.
- A SWMS written for a 3 m threshold won't cover SA work between 2 and 3 metres any more.
- If you run crews in Victoria, check the Victorian list. Tunnels and the $350,000 principal contractor threshold differ from the other states.
- Keep a version of your SWMS for each state you work in, rather than one national document.