AustraliaMy workplace doesn't provide proper safety equipment. Who is responsible?
Your employer is legally responsible for providing appropriate safety equipment under Australian work health and safety laws.
What the Law Says
Under Australia’s national work health and safety framework, the person conducting a business or undertaking (PCBU) — usually your employer — has the primary legal duty to ensure your health and safety at work.
This includes providing, maintaining, and ensuring the use of appropriate personal protective equipment (PPE) where risks cannot be eliminated by other means. The duty applies to all workers, including employees, contractors, and volunteers.
The Model Work Health and Safety Act (adopted in all states and territories except Victoria and Western Australia, which have equivalent laws) sets out these obligations clearly. Employers must provide PPE free of charge and ensure it is suitable for the task, properly fitted, and maintained.
Records about PPE provision, training, and maintenance must be kept for at least three years.
Statutory TextA person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the provision and use of plant and structures is without risks to health and safety.
— Work Health and Safety Act 2011 (Cth), s. 19 — Primary duty of care
Statutory TextA person conducting a business or undertaking must provide personal protective equipment (PPE) to workers if risks to health and safety cannot be adequately controlled in another way.
— Work Health and Safety Regulations 2011 (Cth), reg. 44 — Provision of personal protective equipment
Statutory TextThe person conducting the business or undertaking must ensure that personal protective equipment is provided to a worker free of charge.
— Work Health and Safety Regulations 2011 (Cth), reg. 45 — Provision of personal protective equipment free of charge
What to Do
Raise the issue with your supervisor or health and safety representative (HSR) in writing.
If unresolved, notify your state or territory work health and safety regulator (e.g., SafeWork NSW, WorkSafe Victoria).
You may refuse unsafe work under s. 84 of the WHS Act if you have reasonable concern that using inadequate or missing PPE poses an immediate risk.
Keep records of your concerns, communications, and any incidents.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.