The legal hook: one duty in the Act, one test in the Regulations
The duty starts in section 19(3)(f) of the
model WHS Act:
a PCBU must ensure, so far as is reasonably practicable, the provision of
any information, training, instruction or supervision that is necessary to
protect all persons from risks to their health and safety
arising from the
work. The Act says what must be provided; regulation 39 says how, and its
third subsection is the one this page is about. The PCBU must ensure, so
far as is reasonably practicable, that the information, training and
instruction provided under this regulation is provided in a way that is
readily understandable by any person to whom it is provided
, and the
requirement carries its own tier E monetary penalty, separate from the
suitability test in regulation 39(2). The precision matters: the
"readily understandable" words are the Regulations' language, not the
Act's, and they attach to how information is delivered, not merely whether
a delivery happened. An induction video in fast idiomatic English,
acknowledged with a signature by a worker who followed none of it, is
exactly the artefact the subsection exists to disqualify. What counts as
suitable and adequate training in the first place, the competency and
licensing architecture, is a different question, covered on
the WHS training page;
this page is about whether the message reaches every worker it is meant to
protect.
What the consultation code adds: literacy and language are compliance factors
The Model Code of Practice on consultation, July 2023 edition, turns
the principle into stated expectations. On sharing information it says:
The information should be presented in a way that can be easily
understood by your workers and take into account literacy needs and the
cultural or linguistically diverse backgrounds of your workers.
When the
code lists the circumstances that shape what consultation is reasonably
practicable, it ends the list with characteristics of the workers
including languages spoken and literacy levels
, which puts a workforce's
language profile on the same legal footing as the size of the business and
the severity of the hazard. And it names the failure mode this beat turns
on: Young workers and those with limited English may be less likely to
question health and safety practices or speak up if they are unsure. They
may find it easier to communicate through a health and safety
representative, an interpreter or worker representative.
The elected-HSR
machinery that gives that sentence its teeth is set out on
the worker consultation page.
Among the code's practical mechanisms: stagger consultation across shifts,
offer anonymous ways to raise issues, and use culturally appropriate
approaches and translation and interpretation for culturally and
linguistically diverse workers
, including inviting bilingual workers to
translate. Consultation as a system element, the thing an officer must
verify is happening, is covered on
the safety management systems page.
The November 2024 guidance: show, ask back, and mind the messenger
Safe Work Australia's PCBU information sheet on communicating with
migrant and multicultural workers, published November 2024, is the most
specific national guidance on making the duty work. Its starting move is
an audit of preferences, not a translation order: find out workers'
preferred languages, their ability to understand written and spoken
English, and cultural differences as fine-grained as whether making eye
contact signals attention or is disrespectful
. On instructions it draws
the line between telling and training: ensure training is task-specific,
show workers how to use equipment safely rather than telling them to
“use the equipment safely”
, and close the loop by checking arrival, ask
workers questions and have them demonstrate tasks to check they can
competently follow safety procedures
. It points employers to TIS
National, the free 24-hour translating and interpreting service covering
more than 100 languages, and it carries a caveat experienced sites will
recognise: a bilingual worker drafted into interpreting is doing a second
job, so their workload may need to be modified to manage high job
demands
. The sheet also names an exposure imbalance rather than
pretending diversity is only a language problem: migrant and multicultural
workers are more likely to be exposed to harmful behaviours such as
racist comments
, which under the psychosocial framework is a hazard to be
managed like any other, as
the psychosocial page
sets out. Two structural reminders round it out: WHS protections do not
depend on visa status, and a labour-hire arrangement leaves both the host
and the agency holding the full duty, the seam explored on
the gig and labour-hire page.
For the workers themselves, SWA publishes its Work health and safety in
Australia
information sheet in 21 languages, from Arabic and Burmese to
Vietnamese.
Young and new workers: the same duty, a different barrier
Language is not the only thing that stops safety information landing.
Safe Work Australia's young workers guidance describes a cohort that may
appear confident in their capabilities even though they may benefit from
additional training and support
, is keen to please and make a good
impression
, is vulnerable to copying whatever behaviour surrounds them,
and may not report hazards because they do not know how, fear for their
job, or see them as just part of the job
. For workers "aged 18 and
under" the guidance is blunter: they are "particularly vulnerable", and
the power imbalance of working closely with adults raises the risk of
bullying, aggression and harassment. A handful of age lines are hard
regulation rather than guidance: under the model WHS Regulations, workers
under 16 must not supply flammable gas or liquids, a high risk work
licence requires the holder to be at least 18, and supervisors of asbestos
removal work must be at least 18. Everything else runs through the same
two provisions as the multilingual workforce: section 19(3)(f)'s
supervision limb, which does the protecting while competence and
confidence are still being built, and regulation 39(3)'s requirement that
what is provided be readily understandable to the person actually
receiving it, a 16-year-old included. The common thread across every
group on this page is that the duty never transfers to the worker's
ability to decode the message. The obligation to be understood sits,
like the rest of the primary duty, with the business.
Sourcing note
Statutory wording is from the model Work Health and Safety Bill (s 19(3)(f)) and model WHS Regulations (reg 39, including the "readily understandable" requirement in reg 39(3)), both in the Parliamentary Counsel's Committee consolidations of 5 December 2025. Code passages are from the Model Code of Practice: Work health and safety consultation, cooperation and coordination, July 2023 edition, read in full. Guidance passages are from Safe Work Australia's PCBU information sheet Communicating with migrant and multicultural workers about work health and safety (November 2024, read in full), its migrant and multicultural workers and young workers topic pages, and its migrant-worker resources page (the 21-language count is the number of language editions listed there, English included), all read 9 July 2026. Codes and information sheets guide; the Act and Regulations bind, and only as enacted in each jurisdiction. Victoria is not covered by the model provisions cited here.