NSW WHS Codes of Practice Now Mandatory: 2026 PCBU Guide

NSW WHS Law Update
Changes to Codes of Practice – Requirements for PCBUs
Prepared August 2026 · General information only, not legal advice

In brief

From 1 July 2026, new section 26A of the Work Health and Safety Act 2011 (NSW) makes compliance with approved Codes of Practice mandatory for PCBUs, rather than merely persuasive guidance. This is the most significant change to how Codes operate since the WHS Act commenced, and brings NSW into line with Queensland’s approach since 2018.

1. The Core Change: All Codes of Practice Become Mandatory

A new section 26A of the Work Health and Safety Act 2011 (NSW) was inserted by the Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025. It commences on 1 July 2026.

Before the change

Codes of Practice were admissible in court as evidence of what is known about a hazard and what is “reasonably practicable” in the circumstances – persuasive, but a PCBU was not automatically in breach of the WHS Act merely for departing from one.

From 1 July 2026

A PCBU must either:

• Comply with the relevant Minister-approved Code of Practice, under section 274 of the WHS Act; or
• Manage the hazard or risk in a different way that provides a standard of health and safety that is equivalent to or higher than the standard required under the Code.

Simply “considering” the Code, or documenting that it was taken into account, is no longer sufficient. SafeWork NSW may be able to establish a breach by showing the Code was not met or matched, without needing to separately prove that an incident or injury actually occurred.

This brings NSW into alignment with Queensland, which has had an equivalent rule since 1 July 2018. Victoria remains different, as it operates outside the model WHS Act framework entirely.

2. Changes to Psychosocial Hazards Management

Caution – New Psychosocial Hazards regulations are running ahead of the 2021 Code of Practice

The WHS Regulation 2025 requires psychosocial risks to be managed using the full hierarchy of controls (regulations 55C and 55D), not just administrative controls such as policies, training, or Employee Assistance Programs.

SafeWork NSW is in the process of reviewing and updating the Psychosocial Code of Practice. A PCBU relying only on the current 2021 Code – which leans heavily on administrative controls – may not meet the “equivalent or higher” standard once the new Code of Practice takes effect. Our recommendation in the short term is to refer to the Victorian Compliance Code on Psychological Health in the Workplace as a guide, as this is the most recent version available in Australia. If you’re unsure whether your current controls measure up, a structured psychosocial risk assessment is the clearest way to test them against the hierarchy of controls.

Codes under active review

SafeWork NSW has been reviewing its approximately 28 Codes of Practice. Some outdated codes have been revoked (for example, a technical guidance code revoked in mid-2025), while others have been transitioned into updated 2026 versions. New codes have reportedly been approved, including for the healthcare and social assistance industry, fatigue, and respirable crystalline silica – these commence on approval rather than waiting for 1 July 2026.

Increased enforcement capacity

SafeWork NSW has been resourcing for the change, reportedly adding additional inspectors, with a subset specifically dedicated to psychosocial hazard enforcement. Unions and Health and Safety Representatives also have expanded standing under the broader 2025 reforms to raise Code compliance issues, and the Industrial Relations Commission now has a greater role in resolving WHS disputes.

Penalty exposure

A failure to follow an applicable Code would generally be charged in the mid-to-lower penalty categories rather than the highest tier, which is reserved for cases involving gross negligence or reckless conduct and carries maximum penalties of up to approximately $11.15 million for a body corporate or up to 10 years’ imprisonment for an individual. These figures are maximums, rarely applied in practice, and are indexed annually.

3. Practical Steps for PCBUs

1. Identify which approved Codes of Practice apply to your operations and industry.
2. Run a gap analysis of your current WHS management systems against each applicable Code’s specific requirements – not just against general risk-management practice.
3. Where your approach deviates from a Code, document why it achieves an equivalent or higher standard, with objective evidence rather than a general assertion of compliance.
4. Prioritise psychosocial hazard management, given this is where regulatory attention and inspector resourcing appear to be concentrating.
5. Review training materials and internal policies to ensure they reference the Work Health and Safety Regulation 2025 and current Codes, not superseded versions.
6. Monitor SafeWork NSW’s Code of Practice register for revocations, updates, and new approvals in the lead-up to 1 July 2026.

Not sure where your business stands against the new requirements? BWC Safety can help you identify the Codes that apply, run the gap analysis, and prioritise your psychosocial risk controls. Get in touch to book an audit.

This document provides general information based on publicly available legal commentary as at July 2026 and does not constitute legal advice. PCBUs should confirm current requirements with SafeWork NSW or seek professional legal advice specific to their circumstances.