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NSW · Act

Work Health and Safety Act 2011

The Work Health and Safety Act 2011 (NSW) is the primary work health and safety statute in New South Wales. It imposes duties on persons conducting a business or undertaking (PCBUs), officers, and workers to ensure healt...

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Version as at 23 Jul 2026 Compiled version

Current Topics 13

Approved codes of practice — status and legal effect (ss 274–275)

From 1 July 2026, s 26A requires PCBUs to comply with approved codes of practice or demonstrate an equivalent or higher standard of protecti...

Digital work systems duties (WHS Amendment (Digital Work Systems) Act 2026 No 5)

The Work Health and Safety Amendment (Digital Work Systems) Act 2026 is not yet fully in force. Only Schedule 1 items [7], [9] and [11] comm...

Duties of designers, manufacturers, importers and suppliers (ss 22–25)

PCBUs that design, manufacture, import or supply plant, substances or structures to be used at a workplace have specific health and safety d...

Duties of PCBUs that manage or control workplaces, fixtures, fittings or plant (ss 20–21)

A PCBU managing or controlling a workplace, or fixtures, fittings or plant at a workplace, must ensure so far as is reasonably practicable t...

Industrial manslaughter offence (s 34C)

Industrial manslaughter is an offence under s 34C of the NSW WHS Act, in force since 16 September 2024. Maximum penalty: 25 years' imprisonm...

Mandatory PCBU duty to comply with codes of practice — s 26A (commenced 1 July 2026)

Section 26A creates a standalone statutory duty for PCBUs to follow approved codes of practice or demonstrate an equivalent or higher WHS st...

Meaning of reasonably practicable and management of risks

A duty to ensure health and safety requires risks to be eliminated so far as is reasonably practicable, or if that is not possible, minimise...

Offences under the Act are strict liability offences (s 12A)

Strict liability applies to each physical element of each offence under the Act, unless the section containing the offence states otherwise.

Officer due diligence duty (s 27)

Officers of a PCBU must exercise due diligence to ensure the PCBU complies with its WHS duties. Personal liability applies.

Primary duty of care — PCBU obligations (s 19)

A PCBU must ensure, so far as is reasonably practicable, the health and safety of its workers and that others are not put at risk from its w...

Principles that apply to health and safety duties (ss 13–16)

Principles in sections 13 to 16 apply to all duties under the Act, including that a duty cannot be transferred to another person.

WHS offences and penalty tiers (ss 31–33)

The Act sets Category 1, 2 and 3 offences for breaches of health and safety duties; a Category 1 offence carries up to 10 years imprisonment...

Worker duties (s 28)

Workers must take reasonable care for their own and others' health and safety and comply with reasonable PCBU instructions and notified heal...

Recent updates

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3 Sep 2026 · Amended

1 Jul 2026 · Amended

1 Jul 2026 · New

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Citations tracked15

Topics tracked13

Every update cites a regulator, parliament, or legislation register.