The obligation
From 1 July 2026, s 26A WHS Act 2011 (NSW) requires PCBUs to comply with approved codes of practice or demonstrate an equivalent or higher standard of risk management.
Section 26A of the Work Health and Safety Act 2011 (NSW) commenced on 1 July 2026. It elevates approved codes of practice—including 'How to manage work health and safety risks'—from practical guidance to minimum performance standards. PCBUs must either comply with the relevant code or manage hazards and risks in a way that is equivalent to or higher than the standard set by the code. Non-compliance with the code can now be direct evidence of a breach of the Act.
- What
- From 1 July 2026, s 26A WHS Act 2011 (NSW) requires PCBUs to comply with approved codes of practice or demonstrate an equivalent or higher standard of risk management.
- Source
- safework.nsw.gov.au
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s 26A
duty to comply
codes of practice
PCBU
minimum standard
WHS Act 2011
Official sources
Frequently asked questions
Which WHS law does this come from?
New Duty to Comply with WHS Codes of Practice from 1 July 2026 (s 26A WHS Act 2011 NSW) is a WHS requirement set out in How to manage work health and safety risks (NSW). It is made under Work Health and Safety Act 2011 (NSW). The relevant provision is How to manage work health and safety risks > Duty to Comply § 26A.
What does this WHS obligation require?
New Duty to Comply with WHS Codes of Practice from 1 July 2026 (s 26A WHS Act 2011 NSW) is a WHS obligation under How to manage work health and safety risks (NSW). In short, From 1 July 2026, s 26A WHS Act 2011 (NSW) requires PCBUs to comply with approved codes of practice or demonstrate an equivalent or higher standard of risk management.
What changed recently?
New Duty to Comply with WHS Codes of Practice from 1 July 2026 (s 26A WHS Act 2011 NSW) was last updated on 13 August 2026.
