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Under Work Health and Safety Act 2011

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

Legislation date 1 Jul 2026
High severity
NSW · Duties WHS Act 2011 NSW > Part 2 > s 26A
The obligation
Section 26A creates a standalone statutory duty for PCBUs to follow approved codes of practice or demonstrate an equivalent or higher WHS standard. Effective from 1 July 2026.
Section 26A of the WHS Act 2011 (NSW), commenced 1 July 2026, creates an independent enforceable duty: a PCBU must comply with each approved code of practice that is relevant to its work, or implement alternative risk controls achieving an equivalent or higher standard of health and safety. Unlike the former evidentiary role of codes under s 275, s 26A makes non-compliance with a code a basis for establishing a WHS Act breach in proceedings — without requiring proof of injury or incident. …
What
Section 26A creates a standalone statutory duty for PCBUs to follow approved codes of practice or demonstrate an equivalent or higher WHS standard. Effective from 1 July 2026.
Source
legislation.nsw.gov.au

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What's happened with this Topic

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

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Labels
s 26A codes of practice PCBU enforceable 1 July 2026 Workplace Protections Act
Official sources
Frequently asked questions

Which WHS law does this come from?

Mandatory PCBU duty to comply with codes of practice — s 26A (commenced 1 July 2026) is a WHS requirement set out in Work Health and Safety Act 2011 (NSW). The relevant provision is WHS Act 2011 NSW > Part 2 > s 26A.

What does this WHS obligation require?

Mandatory PCBU duty to comply with codes of practice — s 26A (commenced 1 July 2026) is a WHS obligation under Work Health and Safety Act 2011 (NSW). In short, Section 26A creates a standalone statutory duty for PCBUs to follow approved codes of practice or demonstrate an equivalent or higher WHS standard. Effective from 1 July 2026.

What changed recently?

Mandatory PCBU duty to comply with codes of practice — s 26A (commenced 1 July 2026) was last updated on 13 August 2026.

About this Topic

ParentWork Health and Safety Act 2011
JurisdictionNSW
CountryAustralia
Updates tracked1
Monitoring detail
First seenAug 2026