EveryAILaw.comWork Health and Safety Amendment (Digital Work Systems) Act 2026
Obligations Covered
Provisions (2)
Digital Work System Risk Assessment #
NSW's Digital Work Systems Act catches every employer using algorithmic scheduling, AI-driven monitoring, automated performance management, or platform-based work allocation. The definition of "digital work system" explicitly includes algorithms, AI, automation, and online platforms — making this one of the broadest workplace AI laws globally. Any company operating in NSW with AI-assisted HR, logistics, or workforce management tools must assess and manage WHS risks from those systems.
Requirements
| Requirement | Details |
|---|---|
| Risk identification | PCBUs must identify WHS risks arising from digital work systems (algorithms, AI, automation, online platforms) |
| Risk assessment | Assess specific risks including excessive/unreasonable workloads, performance metrics, monitoring/surveillance, and discriminatory practices |
| Risk management | Ensure, so far as reasonably practicable, that workers' health and safety is not put at risk by digital work systems |
| Scope of digital work systems | Defined as any algorithm, AI, automation, or online platform used for work allocation, monitoring, performance management, or similar workplace functions |
Penalties
| Violation | Fine |
|---|---|
| Individual (failure to manage digital work system risks) | Existing WHS Act penalty tiers apply |
| Corporation (failure to manage digital work system risks) | Existing WHS Act penalty tiers apply |
| Failure to assist WHS entry permit holder (individual) | 121 penalty units (~AUD 13,310) |
| Failure to assist WHS entry permit holder (corporation) | 607 penalty units (~AUD 69,980) |
Digital Work System Transparency and Inspection Access #
WHS entry permit holders (typically union officials) gain rights to access and inspect digital work systems — including AI algorithms and monitoring tools — in relation to a suspected contravention, not as an unconditional/blanket inspection right. Employers must provide "reasonable assistance" on notice. This creates a transparency obligation where the AI/algorithmic logic behind workplace decisions becomes inspectable by worker representatives, not just regulators. The inspection-access right specifically (distinct from the Act's general 2026-02-18 effective date) does not commence until SafeWork NSW publishes its entry permit holder guideline, plus one month — see Timeline table. Status reflects this guideline-gated commencement rather than current enforceability.
Requirements
| Requirement | Details |
|---|---|
| Inspection access | WHS entry permit holders may access and inspect a digital work system relevant to workplace health and safety, in relation to a suspected contravention — not an unconditional/blanket inspection right |
| Reasonable assistance | PCBUs must provide reasonable assistance to entry permit holders for accessing/inspecting digital systems |
| Notice requirement | 48 hours' notice required before entry permit holder inspection |
| Notice timing | Notice must be given during business hours and not more than 14 days before entry |
| SafeWork guidelines | Access powers subject to SafeWork NSW guidelines (to be issued after public consultation); this provision's commencement is gated on guideline publication + 1 month (see Timeline table), distinct from the Act's general 2026-02-18 effective date |
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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