SWMS Requirements in the ACT
The ACT runs the harmonised WHS scheme: the Work Health and Safety Act 2011 (ACT) and the Work Health and Safety Regulation 2011 (ACT), enforced by WorkSafe ACT. A SWMS is mandatory before any high risk construction work under s.299, with the 18 triggering activities defined in s.291. On the government and commercial projects common in the ACT, the principal contractor obtains your SWMS under s.301 and it is often read before you start.
Last updated 2026-09-11
Which laws cover SWMS in the ACT?
The ACT adopted the national model WHS laws through the Work Health and Safety Act 2011 (ACT) and the Work Health and Safety Regulation 2011 (ACT). The regulator is WorkSafe ACT, and the duty holder is the PCBU, the person conducting a business or undertaking. If you run a trade business in the ACT, even as a sole trader subcontractor, you are a PCBU and the SWMS duties fall on you.
The SWMS rules sit in Part 6.4 of the ACT regulation. Section 299 requires a safe work method statement to be prepared before any high risk construction work (HRCW) starts, and section 291 defines the 18 activities that count as HRCW. Because the ACT uses the harmonised provision numbers, a SWMS written to the model WHS requirements lines up directly with ACT law, and with NSW, Queensland, South Australia, Tasmania and the NT as well.
One ACT detail trips up documents written elsewhere: the ACT instrument is a Regulation, singular. A SWMS that cites the Work Health and Safety Regulations 2011 (ACT) is a small slip, but it is exactly the kind of detail a reviewer uses to judge whether a document was written for the ACT or copied across a border.
Why your SWMS gets read on ACT sites
The ACT is a dense construction market with a high share of government and commercial work. On those projects the principal contractor collects SWMS before high risk construction work starts, because section 301 requires it to take all reasonable steps to obtain a copy first, and a head contractor's safety adviser commonly reviews what comes in. Expect your SWMS to be read rather than filed unopened.
That changes what good enough means. A reviewer checks for what s.299 requires: the specific high risk activities, the hazards and risks for this job, controls that follow the hierarchy of control, and how those controls will be implemented, monitored and reviewed. Generic wording, another jurisdiction's legislation, or a scope that does not match the job are common reasons a SWMS is sent back for changes before work can start.
WorkSafe ACT publishes its own guidance on safe work method statements, so ACT reviewers have a local reference for what a compliant SWMS looks like. Writing to the regulation, and to the job in front of you, is what gets a SWMS through review on the first pass.
The 18 high risk construction work activities (s.291)
Section 291 of the ACT regulation lists 18 activities that make construction work high risk. If your job involves any one of them, a SWMS is mandatory before work starts. The list covers work that involves:
- A risk of a person falling more than 2 metres
- Work on a telecommunication tower
- Demolition of a load-bearing or structural element
- Disturbance of asbestos
- Structural alterations or repairs requiring temporary support
- Work in or near a confined space
- A shaft or trench deeper than 1.5 metres, or a tunnel
- Use of explosives
- Work on or near pressurised gas mains or piping
- Work on or near chemical, fuel or refrigerant lines
- Work on or near energised electrical installations or services
- Work in an area with a contaminated or flammable atmosphere
- Tilt-up or precast concrete work
- Work on, in or adjacent to a road, railway or shipping lane
- Work in an area with movement of powered mobile plant
- Work in an area with artificial extremes of temperature
- Work in or near water where there is a risk of drowning
- Diving work
What your SWMS must contain (s.299)
Section 299(2) sets four mandatory content requirements. Every SWMS must identify the work that is high risk construction work, specify the hazards relating to that work and the risks they create, describe the measures to be implemented to control those risks, and describe how the control measures will be implemented, monitored and reviewed.
Section 299(3) adds context requirements: the SWMS must take into account the circumstances at the workplace, such as adjacent activities and site conditions, and where the work is part of a construction project it must be consistent with the principal contractor's WHS management plan. It must also be readily accessible and understandable to the workers who use it. A generic document that no one on site can follow does not meet the test.
Keeping, following and reviewing a SWMS (s.300 to s.303)
The SWMS duty does not end once the document is written. Sections 300 to 303 of the ACT regulation cover what happens on site: work must actually be carried out in accordance with the SWMS, and if it is not, work must stop until the SWMS is followed or revised. The principal contractor must take all reasonable steps to obtain a copy before HRCW starts, the SWMS must be reviewed and revised whenever it stops being effective or the work changes, and it must be kept and available for inspection while the work is carried out.
WorkSafe ACT inspectors can ask to see your SWMS on site. Each of these duties carries a penalty under the regulation, and an inspector who finds a breach can issue an improvement notice, or a prohibition notice where there is a serious risk.
| Provision | Requirement |
|---|---|
| s.299 | Prepare a SWMS before high risk construction work starts |
| s.300 | Work must comply with the SWMS; stop work if it does not |
| s.301 | Principal contractor obtains a copy before HRCW starts |
| s.302 | Review and revise the SWMS when circumstances change |
| s.303 | Keep the SWMS available for inspection during the work |
Getting a compliant SWMS for ACT jobs
You can write a SWMS from scratch, but it has to meet every s.299 requirement, apply the hierarchy of control, and stand up to a principal contractor's review. Many ACT tradies start from a professionally prepared template and adapt it to the site, which is how the regulation expects a SWMS to be used, since it must account for the actual circumstances at the workplace.
GSR sells 753 editable Word safety documents across 22 trades and 7 document types, including SWMS from $67.95 and JSAs from $16.95. Every document cites the relevant WHS provisions and AS/NZS standards, so you can adapt it to your ACT site and show a reviewer or an inspector exactly which regulation each section answers to.
Australian Capital Territory at a glance
| Act | Work Health and Safety Act 2011 (ACT) |
|---|---|
| Regulations | Work Health and Safety Regulation 2011 (ACT) |
| SWMS provision | s.299 |
| HRCW provision | s.291 |
| Record keeping | WHS Regulation s.303 |
| Duty holder | PCBU |
| Regulator | WorkSafe ACT |
Frequently asked questions
Do I need a SWMS in the ACT?
Yes, if your job involves any of the 18 high risk construction work activities in s.291 of the Work Health and Safety Regulation 2011 (ACT). Common triggers for ACT tradies include a fall risk of more than 2 metres, work near energised electrical installations, trenches deeper than 1.5 metres, demolition of structural elements, and work near powered mobile plant. The SWMS must be prepared before the high risk work starts, not after.
Who enforces SWMS requirements in the ACT?
WorkSafe ACT is the regulator, administering the Work Health and Safety Act 2011 (ACT) and the Work Health and Safety Regulation 2011 (ACT). Its inspectors can visit construction sites and ask to see your SWMS, which must be kept and available for inspection while the high risk work is carried out.
Will the principal contractor check my SWMS in the ACT?
Expect it to. Under s.301 the principal contractor must take all reasonable steps to obtain a copy of your SWMS before high risk construction work starts, and on the government and commercial projects common in the ACT it is often reviewed before you are allowed to begin. A SWMS that is specific to the job and cites ACT legislation gets through that review fastest.
What fall height triggers a SWMS in the ACT?
More than 2 metres, the national model threshold in s.291. Any construction work with a risk of a person falling more than 2 metres is high risk construction work and needs a SWMS before it starts.
Can I use a SWMS from another state in the ACT?
Mostly, once the references are updated. The ACT follows the harmonised model WHS laws, so a SWMS written to s.291 and s.299 lines up with NSW, Queensland, South Australia, Tasmania and the NT; change the Act, Regulation and regulator names to the ACT ones. Victoria is the exception: it runs its own OHS scheme with SWMS requirements under Reg 327, and Western Australia uses regulation numbering under its 2022 regulations.
What happens if work on site does not follow the SWMS?
Work must stop. Under s.300 of the Work Health and Safety Regulation 2011 (ACT), high risk construction work must be carried out in accordance with the SWMS, and if it is not, work must cease until it resumes in accordance with the SWMS or the SWMS is revised.
Do I need a JSA or a SWMS in the ACT?
ACT law does not require a document called a JSA. For high risk construction work the mandatory document is the SWMS under s.299 of the Work Health and Safety Regulation 2011 (ACT). A JSA is still common for daily pre-starts and routine tasks, but it supplements a SWMS rather than replacing it.
Related guides
This guide is general information about work health and safety legislation, not legal advice. Requirements vary by state and by the specifics of your work — check with your regulator or a qualified professional before relying on it. Documents are templates and must be reviewed and adapted to your specific site conditions.