New Digital Work Systems Bill passes

The MBA ACT is aware that many of its members conducts building and construction, or related services, in NSW as well as the ACT due to the close location between the two.

As a result, members are often required to be familiar with relevant legislation and requirements of both the State and Territory depending on the area the work is being performed. What applies to NSW is often not the same as that of the ACT. This is the case with the new Work Health and Safety Amendment (Digital Work Systems) Bill 2026 [NSW] (Digital Work Systems Bill) that was passed on 12 February 2026 for NSW.

What has changed for the PCBU?

The Digital Work Systems Bill amends the existing WHS legislation and introduces a new primary duty of care for all Persons Conducting a Business or Undertaking (PCBU). The PCBU will be required to ensure that, as far as is reasonably practicable, the health and safety of its workers are not put at risk by a company’s use of digital work systems.

The Digital Work Systems Bill defines a digital work system as:

‘an algorithm, artificial intelligence, automation or online platform’

The Digital Work Systems Bill requires a PCBU to ensure that its workers are not put at risk from the allocation of work by a digital platform, and consider whether such allocation may result in:

• Excessive or unreasonable workloads
• The use of excessive metrics to assess and track a workers’ performance
• Excessive or unreasonable monitoring of workers
• Unlawful decision making or discriminatory practices

New rights of entry permit holders

The Digital Work Systems Bill’s introduction of this new obligation of PCBU’s means that its conduct in relation to digital work systems may be investigated for suspected contraventions.

The PCBU will be required to provide reasonable assistance to the WHS entry permit holder to access and inspect its digital work systems relevant to the suspected contravention.

The Regulator is required to publish guidelines about this power of WHS entry permit holders to access and inspect digital work systems. We will notify members once these guidelines are published.

A failure to comply with its obligations under the WHS legislation may result in penalties or fines.

Members are advised to conduct a review of its digital work systems to ensure that its employees are not put at risk, as far as is reasonably practicable.

For questions about your WHS obligations, contact the Workplace Relations Team:

📞 (02) 6175 5900
📧workplace@mba.org.au