NSW Codes of Practice Changes - What's Coming on July 1
- Jessica Urquhart
- 23 hours ago
- 3 min read
Many NSW organisations are hearing that Work Health and Safety (WHS) Codes of Practice will become "enforceable" from 1 July 2026.
While that statement is not entirely accurate, there is an important legislative change that businesses should understand.
The change does not create new WHS duties. Instead, it strengthens the importance of approved Codes of Practice when demonstrating compliance with existing WHS obligations.
For organisations that have not reviewed their systems against relevant Codes of Practice, now is the time to act.
NSW Codes of Practice Changes - What's Coming on July 1?
What Is Changing?
From 1 July 2026, section 26A of the NSW Work Health and Safety Act 2011 will commence.
The new provision means that where an approved Code of Practice exists, a person conducting a business or undertaking (PCBU) must either:
Comply with the Code of Practice; or
Demonstrate that an alternative approach provides an equivalent or higher standard of health and safety.
This represents a significant shift in how organisations may need to demonstrate compliance during regulatory inspections, investigations and legal proceedings.
Were Codes of Practice Not Enforceable Before?
Codes of Practice have always been important. Prior to 1 July 2026, approved Codes of Practice could be used in court proceedings as evidence of what was reasonably practicable in the circumstances.
Following a Code of Practice was generally accepted as evidence that an organisation had met its WHS obligations. Organisations could also adopt alternative methods provided they achieved the same or a better safety outcome.
The difference from 1 July 2026 is that organisations relying on alternative approaches may need to provide stronger evidence that those approaches are equivalent to, or better than, the requirements contained in the Code.
What Does This Mean for NSW Businesses?
Many organisations already have policies, procedures, training programs and risk management processes in place. The question is no longer simply:
"Do we have a system?"
The question becomes:
"Can we demonstrate that our system achieves the same or a better outcome than the relevant Code of Practice?"
For many organisations, this may require a review of:
Risk management processes
Consultation arrangements
Training and competency systems
Incident investigation processes
Verification and assurance activities
Contractor management systems
Psychosocial risk management programs
Psychosocial Hazards Will Receive Increased Attention
One area likely to receive particular scrutiny is psychosocial risk management. Many organisations have implemented:
Employee Assistance Programs (EAPs)
Bullying and harassment policies
Grievance procedures
While these measures are important, they may not be sufficient on their own to demonstrate compliance with the Managing Psychosocial Hazards at Work Code of Practice. Organisations should be able to demonstrate that they have:
Identified psychosocial hazards
Assessed psychosocial risks
Consulted with workers
Implemented appropriate control measures
Reviewed the effectiveness of those controls
Increasingly, regulators are expecting psychosocial risks to be managed using the same systematic approach applied to physical hazards.
Which Codes of Practice Should Organisations Review?
The most relevant Codes will depend on the nature of the business and its activities. However, many NSW organisations should consider reviewing their systems against Codes relating to:
Risk Management
How to Manage Work Health and Safety Risks
Work Health and Safety Consultation, Cooperation and Coordination
Psychosocial Health
Managing Psychosocial Hazards at Work
Plant and Equipment
Managing Risks of Plant in the Workplace
Managing Electrical Risks in the Workplace
Hazardous Work Activities
Confined Spaces
Managing the Risk of Falls at Workplaces
Hazardous Manual Tasks
Workplace Health
Managing the Work Environment and Facilities
Managing Risks of Hazardous Chemicals
What Should Businesses Do Before 1 July 2026?
Organisations should consider conducting a gap analysis against the Codes of Practice relevant to their operations.
A practical review should focus on:
Identifying applicable Codes of Practice.
Assessing current systems against Code requirements.
Identifying compliance gaps.
Developing improvement actions.
Establishing evidence that controls are operating effectively.
Importantly, organisations should not assume that having a policy or procedure automatically demonstrates compliance.
Evidence of implementation, consultation, monitoring and review will become increasingly important.
In Summary
The commencement of section 26A does not introduce new WHS duties, however, it does reinforce the role of approved Codes of Practice as the benchmark against which many WHS systems will be assessed.
For NSW businesses, the key question is not whether a Code of Practice applies and whether you can demonstrate that your organisation's approach achieves an equivalent or higher standard of health and safety.
Organisations that take the time to review their systems now will be far better positioned to demonstrate compliance, improve safety outcomes and respond confidently to regulator scrutiny after 1 July 2026.
Do You Need Assistance?
Orana Skills Centre assists organisations to review their WHS systems, psychosocial risk management programs, critical controls and assurance processes against legislative and regulatory requirements.
If you would like an independent review of your current arrangements, contact us to discuss a WHS Code of Practice Compliance Review.
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