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Legislation Monitor

Legal effect of the Code in inspections and court

Code legislation date 1 Jul 2026 From Managing the work environment and facilities, no changes tracked yet
Low severity
NSW Work Health & Safety > Codes of Practice > Legal Status
The obligation
Inspectors can refer to this Code when issuing notices, and courts can use it as evidence of what is reasonably practicable.
An inspector may refer to an approved code of practice when issuing an improvement or prohibition notice. Codes of practice are admissible in court proceedings under the WHS Act and WHS Regulation. Courts may regard a code as evidence of what is known about a hazard, risk, risk assessment or risk control, and may rely on it in determining what is reasonably practicable. …
What
Inspectors can refer to this Code when issuing notices, and courts can use it as evidence of what is reasonably practicable.
Source
safework.nsw.gov.au

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Official sources
Frequently asked questions

Which WHS law does this come from?

Legal effect of the Code in inspections and court is a WHS requirement set out in Managing the work environment and facilities (NSW). It is made under Work Health and Safety Act 2011 (NSW). The relevant provision is Work Health & Safety > Codes of Practice > Legal Status.

What does this WHS obligation require?

Legal effect of the Code in inspections and court is a WHS obligation under Managing the work environment and facilities (NSW). In short, Inspectors can refer to this Code when issuing notices, and courts can use it as evidence of what is reasonably practicable.

What changed recently?

Legal effect of the Code in inspections and court was last updated on 19 October 2026.

About this Topic

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First seenOct 2026