A safe work instrument (SWI) is a form of legislation that supports or complements regulations.

SWIs allow for greater flexibility and more timely updates to the regulatory framework, reflecting changes in technology, standards, and health and safety practices.

The purposes of safe work instruments are to define terms, prescribe matters, or make other provision in relation to any activity or thing, including (without limitation) listing standards, control of substances, and competency requirements.

HSWA section 227(2)

The Health and Safety at Work Act 2015 (HSWA)(external link) describes their purposes:

SWIs have legal effect only where they are referred to in regulations.

Before a new (or amended) SWI can take effect, it has to be approved by the Minister for Workplace Relations and Safety.

We develop SWIs to:

  • prescribe detailed or technical matters or standards that change relatively frequently and will often be industry specific
  • set additional or modified workplace controls for hazardous substances approved or reassessed by the Environmental Protection Authority
  • provide an alternative means of complying with regulations
  • support the effective operation of the health and safety regulatory framework, for example by setting exposure monitoring standards or requirements for training, competence, or safety management systems.

Amendment safe work instruments

When an existing SWI needs to be updated, for example due to changes in technology or standards listed in the SWI, WorkSafe must make an amendment SWI.

An amendment SWI is a separate document that sits alongside the principal (original) SWI. Both documents apply and should be read together.

Businesses whose work or equipment is covered by a SWI must meet the applicable requirements in the principal SWI, as well as any relevant updates or changes in an amendment SWI.

Consolidated safe work instruments

When a principal SWI is amended, WorkSafe also publishes a consolidated SWI. This makes it easy to see all the requirements set by a SWI, including any amendments, in a single place.

Although a consolidated SWI is a useful summary, it is not the official version of the SWI.

Key points

  • A consolidated SWI combines the principal (original) SWI with any later amendments.
  • Unlike the principal SWI and the amended SWI, which are both a form of legislation, a consolidated SWI is for reference only and has no official status.
  • The consolidated SWI is based on the law at the time that the SWI was consolidated. 
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