This page is an educational summary for professionals working with AI. It is not the law and not legal advice. Always work from the current authoritative text linked below.
What do WHS Act sections 47 to 49 do?
They are the worker consultation provisions. Section 47 requires a person conducting a business or undertaking (PCBU) to consult, so far as is reasonably practicable, with workers who are, or are likely to be, directly affected by a matter relating to work health or safety. Section 48 defines the nature of consultation; section 49 lists when it is required. Read the current compilation on the Federal Register of Legislation.
Who does it bind?
Every PCBU under the Commonwealth Act, which applies in the Comcare jurisdiction. The provisions mirror the model WHS laws as adopted in most jurisdictions, Victoria excepted; the verified text here is the Commonwealth version.
What do practitioners get wrong?
Dropping the qualifier in section 47(1): the duty is to consult "so far as is reasonably practicable", and it attaches to workers who are, or are likely to be, directly affected. A second error is treating consultation as a briefing. Section 48 requires sharing relevant information, a reasonable opportunity for workers to express views and contribute to decision-making, taking those views into account, and advising the outcome in a timely manner.
Where does AI use touch it?
Paragraph 49(d) captures proposed changes that may affect health or safety, which is where AI deployment lands. See AI rollout is a WHS change and the WHS committee one-page decision packet for running that consultation properly.
Bottom line
Sections 47 to 49 make worker consultation a legal duty with defined content and defined triggers. An AI rollout that skips consultation is not just poor change management; it can be a breach.
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