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 does regulation 39 do?
Regulation 39 turns part of the primary duty of care into a testable standard. Subregulation 39(1) applies it for section 19 of the Act to a person conducting a business or undertaking. Subregulation 39(2) requires that business to ensure information, training and instruction provided to a worker is suitable and adequate having regard to the nature of the work, the nature of the risks associated with the work at the time it is provided, and the control measures implemented. Subregulation 39(3) adds that it must be readily understandable, so far as is reasonably practicable. Read the current compilation on the Federal Register of Legislation.
Who does it bind?
The person conducting the business or undertaking, as the duty holder under section 19. The obligation is to ensure the content meets the standard, not merely to arrange for training to be delivered.
What do practitioners get wrong?
Reading completion as compliance. A recorded attendance proves delivery, not suitability. The three matters in subregulation 39(2) are assessed at the time of provision, so training that was adequate before a control changed can stop being adequate without anyone failing a module. See regulations 37 and 38.
Where does AI use touch it?
Generated and translated training content. A model will happily produce plausible material describing controls the site does not use, which fails the third limb of subregulation 39(2), and translation that drifts fails the readily understandable duty. See verifying human competence after AI-drafted training and locking the source of safety translations.
Bottom line
Regulation 39 asks whether this worker got the right material for this work, these risks and these controls, in a form they can actually use. Volume is not the measure.
TheAICommand. Intelligence, At Your Command.