Government & Council · Australia

From the office to the depot, sleep shapes public service.

Mostly office-based work, with depot, field, transit and emergency-management crews on early starts, call-outs and nights. Fatigue risk concentrates in crews who drive and operate plant.

Regulation changed 1 July 2026

Government & Council workforce

Who this page covers

Reg Watch

What’s changed, and what’s coming

Regulatory change that affects how you manage fatigue in government & council: what has changed in the last 12 months, and what is on the way.

Recent changeFrom 1 July 2026

Applies across industries in Australia

If you are a NSW agency or council, from 1 July 2026 you must follow approved codes, including fatigue, or match their standard. Victorian public employers have had psychological health regulations since 1 December 2025.

Read the change

Upcoming changeNo date set yet

Safe Work Australia's Best Practice Review of the model WHS laws was due to go to WHS ministers in August 2026. It is not yet public and no amendments are proposed, so no change date is set.

Regulatory changes checked as at 1 October 2026.

Regulation

Who regulates it, and what they expect

Australian safety law has no public sector carve-out, so it binds Commonwealth, state and local government employers in full. Which regulator you answer to depends on which government you are: Comcare for Commonwealth agencies, authorities and licensees, and your state regulator for everyone else. Commonwealth employers sit in the strongest position in the country outside rail, because the approved Commonwealth code on psychosocial hazards names fatigue as a hazard in its own right - one of seventeen - and the regulations require you to control it.

Regulated by
  • ComcareComcare
  • Safe Work AustraliaSWA

Logos identify the regulator and don’t imply endorsement.

Who regulates it

Australia's general workplace safety regulators, plus Comcare, the dedicated safety and workers-compensation authority for Commonwealth government agencies and staff.

Your obligations

You must manage fatigue as a psychosocial hazard so far as is reasonably practicable: identify it, control it, and review the controls. For Commonwealth agencies, authorities and licensees the approved Managing Psychosocial Hazards at Work Code of Practice 2024 names fatigue directly and describes what it looks like - long shifts, short recovery, high cognitive demand. In New South Wales, from 1 July 2026 you must follow the approved fatigue code or manage the hazard to an equivalent or higher standard. Elsewhere the general duty applies.

Consequences

Your regulator can investigate, issue improvement and prohibition notices and prosecute, and being a public authority is no shield: Commonwealth agencies are duty holders under the WHS Act like any other employer, and Comcare enforces against them. Every Australian jurisdiction now also has an industrial or workplace manslaughter offence. For Commonwealth agencies the approved psychosocial code names fatigue as a hazard in its own right, so a fatigue failure is measured against a published standard rather than against general practice.

Penalties

At levels indexed on 1 July 2026 (Commonwealth, NSW and ACT figures index each 1 July): a Category 1 offence reaches $17,728,000 for a Commonwealth body corporate and $11,606,824 in New South Wales, with individual maxima of $3,546,000 and $2,413,809. Industrial manslaughter carries 20 to 25 years and body corporate maxima to $20,000,000. For Commonwealth employers, the compensation scheme replaces a common law damages claim.

Sources: Work Health and Safety Act 2011 (Cth) administered by Comcare, and state and territory WHS Acts and psychosocial hazard regulations; model Code of Practice: Managing the risk of fatigue at work (September 2025); Fair Work Act 2009; Local Government Industry Award 2020.

Fatigue-critical roles

Where fatigue matters most in government & council

The roles where a fatigued worker is most likely to cause serious harm, the tasks that carry the risk, and why fatigue builds up in them.

RoleRiskHigh-risk tasksWhy fatigue builds
Bus driver (government operator, e.g. Transport Canberra, Metro Tasmania, Transport for Brisbane)
Rules
Regulatory designation
HVNL fatigue-regulated heavy vehicle driver (bus > 4.5 t GVM, > 12 adults incl. driver) in ACT, Tas, Qld and other participating states
Hours and rest
HVNL standard hours for fatigue-regulated buses; s 228(1) no driving while impaired by fatigue
Critical riskDriving 60-90 passenger urban buses in peak traffic, pedestrian-dense stops and night services; fare and conflict managementSplit shifts spanning 12-14 h, 04:30 starts and late finishes, rotating rosters, short turnarounds, overtime during driver shortages
Council plant operator / road maintenance worker (outdoor staff)
Rules
Regulatory designation
Fatigue-regulated heavy vehicle driver if driving a truck over 12 t GVM (HVNL s 7, participating states); otherwise general duty (WHS Act s 19); fatigue named in Comcare-approved code for Commonwealth only
Hours and rest
HVNL standard hours when fatigue-regulated; otherwise local government award/EA
High riskOperating graders, trucks and plant on live roads, traffic control set-up, storm and flood call-outs; overnight gritting or snowplough runs where applicable06:00 starts, extended shifts and overnight call-outs in storms, floods, fires or snow; 12-16 h emergency shifts
Water treatment operator / wastewater operator (council or state water utility)
Rules
Regulatory designation
None specific - general duty (WHS Act s 19; Vic OHS Act 2004 s 21)
Hours and rest
No statutory cap: FW Act s 62 (38 h + reasonable additional hours); award or EA rest-between-shift terms
High riskChemical dosing (chlorine, fluoride) and alarm response overnight, confined-space and plant isolations, main bursts and pump-station failures attended alone24/7 rotating shifts or 1-in-4 on-call with night call-outs, lone work at remote plants, long call-out drives
Local emergency management officer / council duty officer
Rules
Regulatory designation
None specific - general duty (WHS Act s 19; Vic OHS Act 2004 s 21)
Hours and rest
No statutory cap: FW Act s 62 (38 h + reasonable additional hours); award or EA rest-between-shift terms
High riskIssuing evacuation warnings and road closures, running the emergency operations centre through the night, coordinating multi-agency response in floods and firesWeek-long on-call rotations, 12-16 h EOC shifts for days during events, broken sleep from overnight alerts
Child protection practitioner (after-hours service)
Rules
Regulatory designation
None specific - general duty (WHS Act s 19; Vic OHS Act 2004 s 21)
Hours and rest
No statutory cap: FW Act s 62 (38 h + reasonable additional hours); award or EA rest-between-shift terms
Elevated riskNight risk assessments and child removals with police, emergency placement decisions, driving children to placements, lone home visitsAfter-hours on-call after day caseloads, overnight call-outs, long drives, sustained high-stress decisions

Stories

When fatigue made the record

Published findings and prosecutions from regulators, courts and investigators in Australia.

  • Oct 2016 · New South Wales, Australia

    Council worker holding two full-time jobs (78 hours a week, as little as 4 hours between shifts) refuses to cut hours; fatigue-based dismissal upheld

    • Legal

    A council street-cleaning team member also worked full-time evening shifts at a supermarket, about 78 hours a week across both jobs, sometimes with only a four-hour gap between finishing one shift and starting the next. An occupational physician advised that this level of sleep was likely to reduce his alertness and raise his risk of injury and accident, including while working along roadsides, so the council directed him to cap his second-job hours and keep 10-hour breaks. When he refused, the council dismissed him, and the state Industrial Relations Commission held it would have been irresponsible for the council to ignore the medical advice and upheld the dismissal.

    Case AU-government-01Report an issue

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How the suite fits

How each product connects to your obligations

Grades describe how strongly a product connects to an obligation. None discharges an obligation, and none carries a compliance warranty.

Sleepfit

Supports your general duty of care

No public sector rule names a sleep screen. For Commonwealth agencies, approved code F2024L01380 names fatigue as a psychosocial hazard; state and council employers sit under state WHS law. Sleepfit supports both. It screens; diagnosis stays with your clinicians.

About Sleepfit

Fatiguefit4Duty

Supports your general duty of care

No rule requires a fitness check for public sector crews; for Commonwealth agencies the psychosocial code names fatigue. Fatiguefit4Duty supports your WHS duty for depot and plant crews. A fitness-for-duty check, not a fitness-for-duty decision - the duty call stays with you.

About Fatiguefit4Duty

Awareness eLearning

Supports your general duty of care

Your WHS training duty does not name fatigue; the Commonwealth psychosocial code names fatigue as a hazard, and in NSW the approved fatigue code names fatigue training. Awareness eLearning supplies fatigue and sleep content across dispersed sites.

About Awareness eLearning

Was It Fatigue?

Supports your general duty of care

WHS law requires notifiable incidents to be reported, and no rule names fatigue as a line of inquiry. Was It Fatigue? supports a defensible record that fatigue was examined when something goes wrong. A structured judgement aid, not a determination of cause.

About Was It Fatigue?

SleepWellBaby

No Australian public sector or safety rule reaches sleep in new-parent households. SleepWellBaby supports staff whose sleep is broken by an infant at home; it is offered as a wellbeing benefit, not a compliance step.

About SleepWellBaby

Recommended bundle

Where we’d start in government & council

Every bundle is priced on prevalence: your whole cohort gets access, and you pay for the share predicted to need each product. How pricing works.

Recommended · Levels 2 and 3

Shift Worker Bundle

Sleep screening and a point-of-duty check for the workers who need it most.

Why this pairing in Australia

No public sector rule names a tool; for Commonwealth agencies, code F2024L01380 names fatigue as a hazard. Sleepfit screens your depot and field crews for sleep disorders; Fatiguefit4Duty adds a point-of-duty self-check with a record. Prevention adds Awareness eLearning with a completion record.

See what sleep and fatigue mean for your government & council workforce.

Tell us roughly how many people you employ. Your snapshot models how many are likely sleeping poorly and what it costs, from published research for government & council. Then choose who you’d cover, and we’ll take you to the right next step.

A sample workforce snapshot on a tablet: modelled sleep problems and the cost of poor sleep for 1,400 people in transport and logistics.