Amendments to the WHS Act 2011 were passed by both houses of the NSW State Parliament on 25 June 2025. A key change was the introduction of Section 26A of the WHS Act. This Section requires PCBU’s to comply with an approved Code of Practice.
This creates a duty for all PCBU’s, who must either comply with the approved Code of Practice or provide a manner of managing hazards and risks to a higher standard than that specified in the Code.
This reform brings NSW into line with Queensland, who introduced similar provisions in 2018.
What Does this Mean For My Organisation?
Codes of Practice previously served as admissible evidence of what is known or reasonably foreseeable to a PCBU in managing risks. This new amendment mandates a PCBU to demonstrate that they have achieved a standard of safety that is equivalent to or higher than that specified by the Code of Practice.
There are currently 30 approved Codes of Practice in NSW. Some Codes are applicable to all PCBU’s and some are industry specific.
Examples of Codes of Practice that are applicable to all PCBU’s include:
- How to manage Work Health and Safety Risks
- Managing Psychosocial Hazards at Work
- First Aid in the Workplace
- Hazardous Manual Tasks
- Managing the Work Environment and Facilities
- Sexual and Gender Based Harassment
- Work Health and Safety Consultation, Cooperation and Coordination
What Actions Should I be Taking?
All PCBUs should identify the full list of Codes of Practice applicable to their organisation. From there:
- Review your existing risk controls, policies and procedures – identify any gaps
- Undertake consultation with your Workers regarding any changes you may need to make
- Complete a risk assessment if new risks are identified
- Keep records of any risk assessments, reviews or other actions you may need to take
Want More Support?
Book a 30-minute discovery call with our team. We can support you with understanding the Codes of Practice relevant to your organisation and provide guidance for you to move forward with your compliance to this new Duty.
Have a great week,
Bron
Mob. 0498 631 462