The obligation
Section 26A of the WHS Act 2011 (NSW) commenced 1 July 2026, making all approved Codes of Practice (including this Code) legally enforceable minimum standards. PCBUs bear the onus of proving any alternative approach is equivalent or better.
From 1 July 2026, s 26A of the Work Health and Safety Act 2011 (NSW) changed the legal character of every approved Code of Practice in NSW. Previously, a Code was admissible in proceedings as evidence of what is reasonably practicable; now it is a legally enforceable minimum performance standard. A PCBU must either comply with the Code or produce documented evidence that its alternative approach achieves an equivalent or higher standard of safety.
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- What
- Section 26A of the WHS Act 2011 (NSW) commenced 1 July 2026, making all approved Codes of Practice (including this Code) legally enforceable minimum standards. PCBUs bear the onus of proving any alternative approach is equivalent or better.
- Source
- safework.nsw.gov.au
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s 26A
WHS Act 2011
legally enforceable
code of practice
1 July 2026
Official sources
Frequently asked questions
Which WHS law does this come from?
WHS Act s 26A — Code becomes legally enforceable minimum standard from 1 July 2026 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 > Regulatory context.
What does this WHS obligation require?
WHS Act s 26A — Code becomes legally enforceable minimum standard from 1 July 2026 is a WHS obligation under Managing psychosocial hazards at work (NSW). In short, Section 26A of the WHS Act 2011 (NSW) commenced 1 July 2026, making all approved Codes of Practice (including this Code) legally enforceable minimum standards. PCBUs bear the onus of proving any alternative approach is equivalent or better.
What changed recently?
WHS Act s 26A — Code becomes legally enforceable minimum standard from 1 July 2026 was last updated on 13 August 2026.
