Consultation on Gig Worker Safety Under Model WHS Act

Safe Work Australia Media

Published April 1st, 2026

Detected April 1st, 2026

Summary

Safe Work Australia published a consultation paper seeking feedback on regulating crowd platform workers under the model Work Health and Safety Act. The consultation addresses gaps in WHS protections for gig economy workers using digital labour platforms. Feedback will inform discussions on potentially introducing new duties for crowd platform operators.

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What changed

Safe Work Australia released a consultation paper on April 1, 2026, examining how work health and safety protections apply to crowd platform arrangements under the model WHS Act. The paper identifies a lack of clarity regarding responsibility for worker safety and considers potential options including introducing a new duty specifically for crowd platform operators. Crowd platforms differ from on-demand delivery platforms as they involve worker bidding and direct negotiation between clients and workers.

Platform operators, technology companies, employers, and workers with experience in crowd platform arrangements are encouraged to submit feedback through the SWA Consultation Hub. The consultation asks specifically about existing WHS gaps and potential regulatory solutions. Responses will inform future Safe Work Australia Member discussions and potential legislative changes affecting the gig economy sector.

What to do next

Submit feedback through the SWA Consultation Hub at consult.swa.gov.au
Review current WHS arrangements for any crowd platform work operations
Assess existing gaps in worker safety protections that may require regulatory attention

Source document (simplified)

01 Apr 2026

Safe Work Australia is seeking feedback on the regulation of crowd platform arrangements under the model Work Health and Safety (WHS) Act with the aim of ensuring crowd platform workers receive the same WHS protections as other workers.

Crowd platforms are a type of digital labour platform that connect workers and clients. Clients can select workers from a pool of applicants who submit bids through the platform, with terms and negotiation often undertaken directly between the client and worker.

Crowd platforms are different to on-demand platforms, where work involving the delivery of goods or services requested by end-users is directly assigned to workers through algorithmic systems (e.g. food delivery platforms, ride-hailing platforms).

There is a lack of clarity on who is responsible for work health and safety in crowd platform work. This has led to concerns that some workers using crowd platforms may not be adequately protected from health and safety risks.

To further understand these issues, we have published a consultation paper seeking feedback on:

how work health and safety arrangements currently apply to crowd platforms and where gaps in worker protections may exist, and
potential options to address these gaps, such as introducing a new duty under the model WHS Act that would apply to crowd platform operators. Responses to this public consultation (and any future related consultations) will inform Safe Work Australia Member discussions.