WHS regulation across Australia is shifting, with 2026 bringing a stronger focus on psychosocial risks, digital systems, and enforceable compliance standards. Recent updates highlight several key areas for employers.
What’s changing?
Digital systems and AI
The use of software to roster, allocate or monitor work is now firmly in scope of WHS duties. These systems can introduce risks such as fatigue, work pressure and stress, requiring formal risk assessment and controls. NSW has passed amendments to the WHS legislation focusing mainly on the psychosocial risks associated with the use of digital platforms for the allocation of work and have advised guidelines will be developed before legislation is implemented.
NSW Codes of Practice – higher compliance bar
NSW is moving toward a duty to comply with approved Codes of Practice, not just the model guidance. Combined with stronger union prosecution powers, this marks a clear shift toward enforceable standards.
ACT employers should take note—both jurisdictions are leading in this space.
Psychosocial hazards in focus
Regulators, including SafeWork NSW, are increasing scrutiny on:
These hazards must now be managed like physical risks, with documented processes.
Expanded regulator powers
Investigations may occur without an incident or claim, using tools like Section 155 notices where regulators believe information is available.
What should you do?
Bottom line: Regulators are expecting a proactive, systems-based approach—particularly around psychosocial and technology-driven risks.
For more detail on these changes and how they may apply to your business visit the regulator websites or for questions about your work, health and safety obligations, contact the Workplace Relations Team:
📞 (02) 6175 5900
📧 workplace@mba.org.au
