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Relationship between the Code and WHS Regulations

Legislation date 1 Jul 2026
High severity
NSW · Legal Framework Managing risks of falls at workplaces > Legal Framework
The obligation
From 1 July 2026, s26A WHS Act 2011 (NSW) requires PCBUs to comply with approved Codes as minimum performance standards, or adopt an equivalent or higher control measure.
The Code operates alongside Part 4.4 of the WHS Regulation 2017 (NSW). Previously the Code was evidentiary only (s275 WHS Act). With the commencement of s26A on 1 July 2026, the Code now sets minimum performance standards: PCBUs must comply with it or manage hazards in a way that is equivalent or higher. Non-compliance with the Code is no longer merely evidence of what is 'reasonably practicable' — it is a direct breach of duty.
What
From 1 July 2026, s26A WHS Act 2011 (NSW) requires PCBUs to comply with approved Codes as minimum performance standards, or adopt an equivalent or higher control measure.
Source
safework.nsw.gov.au

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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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Labels
WHS Regulation 2017 s26A reasonably practicable minimum performance standard duty to comply
Official sources
Frequently asked questions

Which WHS law does this come from?

Relationship between the Code and WHS Regulations is a WHS requirement set out in Managing risks of falls at workplaces (NSW). It is made under Work Health and Safety Act 2011 (NSW). The relevant provision is Managing risks of falls at workplaces > Legal Framework.

What does this WHS obligation require?

Relationship between the Code and WHS Regulations is a WHS obligation under Managing risks of falls at workplaces (NSW). In short, From 1 July 2026, s26A WHS Act 2011 (NSW) requires PCBUs to comply with approved Codes as minimum performance standards, or adopt an equivalent or higher control measure.

What changed recently?

Relationship between the Code and WHS Regulations was last updated on 13 August 2026.

About this Topic

Updates tracked1
Monitoring detail
First seenAug 2026