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Under First aid in the workplace · made under Work Health and Safety Act 2011

s 26A WHS Act 2011 (NSW) — approved codes of practice now an enforceable PCBU duty

Legislation date 1 Jul 2026
High severity
NSW · Legislation First aid in the workplace > Legal status of Code § s 26A
The obligation
Since 1 July 2026, s 26A WHS Act 2011 (NSW) makes compliance with an applicable approved code of practice (including this Code) a standalone legal duty for PCBUs, not merely a recognised way to meet obligations.
The commencement of s 26A of the Work Health and Safety Act 2011 (NSW) on 1 July 2026 materially changed the legal status of approved codes of practice. PCBUs now have a positive duty to comply with an applicable approved code, or to manage the hazard or risk in a different way that provides an equivalent or higher standard of health and safety. Previously, codes were admissible as evidence of what is reasonably practicable but were not independently binding. …
What
Since 1 July 2026, s 26A WHS Act 2011 (NSW) makes compliance with an applicable approved code of practice (including this Code) a standalone legal duty for PCBUs, not merely a recognised way to meet obligations.

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What's happened with this Topic

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1 Jul 2026 · Amended
1 update tracked. This law has changed and been enforced.

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WHS code-of-practice enforceable s26A PCBU
Frequently asked questions

Which WHS law does this come from?

s 26A WHS Act 2011 (NSW) — approved codes of practice now an enforceable PCBU duty is a WHS requirement set out in First aid in the workplace (NSW). It is made under Work Health and Safety Act 2011 (NSW). The relevant provision is First aid in the workplace > Legal status of Code § s 26A.

What does this WHS obligation require?

s 26A WHS Act 2011 (NSW) — approved codes of practice now an enforceable PCBU duty is a WHS obligation under First aid in the workplace (NSW). In short, Since 1 July 2026, s 26A WHS Act 2011 (NSW) makes compliance with an applicable approved code of practice (including this Code) a standalone legal duty for PCBUs, not merely a recognised way to meet obligations.

What changed recently?

s 26A WHS Act 2011 (NSW) — approved codes of practice now an enforceable PCBU duty was last updated on 13 August 2026.

Where this sits

First aid in the workplace Work Health and Safety Act 2011 New South Wales Australia

About this Topic

Updates tracked1
Monitoring detail
First seenAug 2026