EveryAILaw.comWork Health and Safety Amendment (Digital Work Systems) Act 2026
Obligations Covered
Timeline
| Milestone | Date | Notes |
|---|---|---|
| Bill introduced (Digital Work Systems Bill 2025) | 2025 | Introduced in NSW Parliament |
| Passed NSW Parliament | Feb 12, 2026 | Act No. 5 of 2026 |
| Royal assent; guideline-enabling provisions commence | Feb 18, 2026 | Section 2(1)(a): Schedule 1[7], [9] and [11] only. The frontmatter effective date records this first phase, not commencement of the two substantive provisions below |
| Workplace-risk amendments | TBD | Schedule 1[1]-[3] require proclamation under section 2(1)(b); they are excluded from section 2(2)'s minimum one-month wait after guideline publication |
| Reasonable-assistance power | TBD | Requires proclamation; section 2(2) prohibits commencement earlier than one month after first guideline publication. Exercise additionally requires guidelines relevant to the power under Schedule 1[11] |
| Entry permit holder guidelines | TBD | Section 118A requires publication after public consultation and consideration of feedback; guidelines may be interim or limited by persons, work or workplace class |
Related Regulations and Standards
Related instruments are selected from shared compliance obligations and jurisdiction coverage.
Provisions (2)
Digital Work System Risk Assessment
The enacted amendments expressly cover algorithms, artificial intelligence, automation and online platforms. Section 19(3)(c1) addresses worker health and safety risks from their use; section 21A specifically addresses allocation of work and requires consideration of listed workload, metrics, monitoring and unlawful-discrimination risks. These amendments require proclamation. Their pending status does not mean existing WHS duties cease to apply to digital systems. The section 118 duty to assist an entry permit holder is separate from the risk duties summarized here. Its penalties are not penalties for breach of sections 19(3)(c1) or 21A.
Requirements
| Requirement | Details |
|---|---|
| Commencement qualification | The following new statutory duties apply once Schedule 1[1]-[3] commence by proclamation; these amendments are exempt from the minimum one-month wait after guideline publication in section 2(2). No commencement date was established in the retained 2026-09-08 source review; this correction does not establish a later proclamation date |
| Work-allocation risks | Under section 21A(2), consider whether allocation of work by or using a digital work system creates excessive or unreasonable workloads, metrics or monitoring/surveillance, or unlawful discriminatory practices or decision-making |
| Risk management | Section 19(3)(c1) addresses risks from use of digital work systems; section 21A(1) requires ensuring, so far as reasonably practicable, that worker health and safety is not put at risk from allocation of work by a digital work system |
| Scope of digital work systems | Section 4 defines a digital work system as an algorithm, artificial intelligence, automation or online platform; the duties supply the relevant business/undertaking and work-allocation context |
Penalties
| Violation | Fine |
|---|---|
| Individual (failure to manage digital work system risks) | WHS Act penalty framework; applicable current maxima and offence-category conditions were not established in this bounded review |
| Corporation (failure to manage digital work system risks) | WHS Act penalty framework; applicable current maxima and offence-category conditions were not established in this bounded review |
Sources: Enacted NSW Amendment Act, section 2 and Schedule 1 SafeWork NSW: development of the Digital Work Systems Guidelines SafeWork NSW: Amendment Act summary NSW Parliament — WHS Amendment (Digital Work Systems) Bill 2025 Lander & Rogers — NSW WHS Amendment Digital Work Systems Act Herbert Smith Freehills — NSW Digital Work Systems Act
Digital Work System Transparency and Inspection Access
The new power requires a PCBU to provide reasonable assistance with access and inspection of a digital work system relevant to a suspected WHS contravention. SafeWork distinguishes this from existing inspection rights. Commencement requires proclamation and cannot be earlier than one month after publication of the first guidelines; exercise also requires guidelines relevant to the particular power/workplace under Schedule 1[11]. The 2026-09-08 source review did not establish these events, so the provision is pending with no effective date assigned.
Requirements
| Requirement | Details |
|---|---|
| Inspection assistance | Once commenced and applicable guidelines exist, a WHS entry permit holder may require reasonable assistance to access and inspect a digital work system relevant to the suspected contravention; this is not an unconditional inspection entitlement |
| Reasonable assistance | The new assistance duty is subject to the commencement, suspected-contravention, notice and applicable-guideline conditions |
| Notice requirement | At least 48 hours before the proposed entry, not an obligation to provide assistance within 48 hours of a request |
| Notice timing | Notice must be given during business hours and not more than 14 days before entry |
| SafeWork guidelines | Section 118A requires consultation, consideration of feedback and publication. Proclamation remains necessary after the minimum one-month wait; publication plus one month does not automatically commence the power. Schedule 1[11] also requires guidelines relevant to its exercise, including any class limitation |
Penalties
| Violation | Fine |
|---|---|
| Failure to provide reasonable assistance (individual) | 121 penalty units (~AUD 13,310) |
| Failure to provide reasonable assistance (corporation) | 607 penalty units (~AUD 69,980) |
Cite this regulation
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Attribution: EveryAILaw, PAICE.work PBC. “Work Health and Safety Amendment (Digital Work Systems) Act 2026”, EveryAILaw.com, Jun 30, 2026. https://everyailaw.com/regulation/au-nsw-digital-work-systems/
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