EveryAILaw.comDoes Work Health and Safety Amendment (Digital Work Systems) Act 2026 require Risk Assessment?
New South Wales • phased enforcement
Yes — 1 provision
Requirements at a glance
This regulation imposes 4 specific requirements for Risk Assessment across 1 provision:
- 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
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