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Under Managing psychosocial hazards at work · made under Work Health and Safety Act 2011

Overview and legal status of the Code

Legislation date 1 Jul 2026
High severity
NSW · Work Health & Safety Managing psychosocial hazards at work
The obligation
From 1 July 2026, WHS Act s 26A makes the Code a legally enforceable minimum standard. PCBUs must either comply with the Code or demonstrate an equivalent or higher standard of safety with evidence.
Approved by SafeWork NSW under s 274 of the Work Health and Safety Act 2011 (NSW) and issued in May 2021. From 1 July 2026, WHS Act s 26A commenced, elevating all approved Codes of Practice (including this Code) from admissible guidance to legally enforceable minimum performance standards. A PCBU must either follow the Code or demonstrate their approach achieves an equivalent or higher standard of safety — and bear the onus of proving that. …
What
From 1 July 2026, WHS Act s 26A makes the Code a legally enforceable minimum standard. PCBUs must either comply with the Code or demonstrate an equivalent or higher standard of safety with evidence.
Source
safework.nsw.gov.au

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What's happened with this Topic

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

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Labels
psychosocial code of practice WHS SafeWork NSW s 26A legally enforceable
Official sources
Frequently asked questions

Which WHS law does this come from?

Overview and legal status of the Code is a WHS requirement set out in Managing psychosocial hazards at work (NSW). It is made under Work Health and Safety Act 2011 (NSW). The relevant provision is Managing psychosocial hazards at work.

What does this WHS obligation require?

Overview and legal status of the Code is a WHS obligation under Managing psychosocial hazards at work (NSW). In short, From 1 July 2026, WHS Act s 26A makes the Code a legally enforceable minimum standard. PCBUs must either comply with the Code or demonstrate an equivalent or higher standard of safety with evidence.

What changed recently?

Overview and legal status of the Code was last updated on 13 August 2026.

Where this sits

Managing psychosocial hazards at work Work Health and Safety Act 2011 New South Wales Australia

About this Topic

Updates tracked1
Monitoring detail
First seenAug 2026