The Work Health and Safety (WHS) framework in New South Wales has undergone significant updates with the introduction of the WHS Regulation 2025, replacing the 2017 version. These changes aim to modernise workplace safety standards, strengthen compliance, and address emerging risks
Key Updates in WHS Regulation 2025
- Independent Regulator: SafeWork NSW now operates independently, with 50 new inspectors, including 25 dedicated to psychosocial hazards such as stress, bullying, and harassment.
- Psychosocial Risk Management: Stronger requirements mandate employers to manage psychosocial risks using the hierarchy of controls, elevating mental health and wellbeing as core safety priorities.
- Codes of Practice: Approved Codes of Practice are now legally binding. Employers must either comply with these codes or demonstrate equal or higher safety standards.
- Terminology & Clarity: Provisions are now referred to as “sections” instead of “clauses,” with refined language and formatting to improve consistency and readability.
Work Health and Safety Bill going to Parliament
After reviewing the Work Health and Safety Act 2011, the Work Health and Safety Bill 2017 will be introduced to NSW Parliament.
During the NSW Review, community feedback was sought on Work Health and Safety laws. The review confirmed the WHS Act’s objectives remain valid and its terms generally appropriate.
Some of the recommendations from the Review include:
- The introduction of new penalty notice offences for unlicensed high-risk work and falls from heights.
- Allowing for penalty notices to be issued electronically.
- Clarifying responsibility for certain dangerous goods and high-risk plant that may affect public safety when not at a workplace.
- Inspectors may record interviews without consent, provided self?incrimination protections remain and interviewees are informed of the recording
- Clarifying NSW regulators’ authority to obtain records and issue notices beyond the State, within constitutional limits
Source: SAFEWORK Wrap
Change: Table of Amendments