The obligation
New s 26A of the WHS Act 2011 (NSW) makes compliance with approved Codes of Practice (including this CoP) a legally enforceable duty for all PCBUs, effective 1 July 2026.
From 1 July 2026, s 26A was inserted into the Work Health and Safety Act 2011 (NSW), elevating all 48 approved Codes of Practice from guidance instruments to legally enforceable standards. A PCBU's failure to comply with an applicable CoP may be sufficient to establish a breach of the WHS Act. This directly affects Officers' due diligence obligations under s 27: Officers must now ensure the organisation complies with applicable CoPs.
…
- What
- New s 26A of the WHS Act 2011 (NSW) makes compliance with approved Codes of Practice (including this CoP) a legally enforceable duty for all PCBUs, effective 1 July 2026.
description
Full analysis
lock
Free account
tips_and_updates
What this means for you
lock
Free account
history
What's happened with this Topic
lock
Free account
lock_open
Read the full analysis, tailored to your industry
- star
Impact summary tailored to your industry
- check_circle
Full plain-English analysis of what changed
- check_circle
Email alerts & digests when this law changes
- check_circle
Compliance self-assessment tools
Labels
enforceable-CoP
s26A
PCBU
officer-due-diligence
legislative-amendment
Frequently asked questions
Which WHS law does this come from?
NSW WHS Act s 26A — Codes of Practice now legally enforceable (from 1 July 2026) is a WHS requirement set out in Work health and safety consultation cooperation and coordination (NSW). It is made under Work Health and Safety Act 2011 (NSW). The relevant provision is NSW > Work Health and Safety > WHS Act 2011 > s 26A § s 26A WHS Act 2011 (NSW).
What does this WHS obligation require?
NSW WHS Act s 26A — Codes of Practice now legally enforceable (from 1 July 2026) is a WHS obligation under Work health and safety consultation cooperation and coordination (NSW). In short, New s 26A of the WHS Act 2011 (NSW) makes compliance with approved Codes of Practice (including this CoP) a legally enforceable duty for all PCBUs, effective 1 July 2026.
What changed recently?
NSW WHS Act s 26A — Codes of Practice now legally enforceable (from 1 July 2026) was last updated on 27 August 2026.
