EveryAILaw.comDoes Work Health and Safety Amendment (Digital Work Systems) Act 2026 require Transparency & Disclosure?
New South Wales • phased enforcement
Yes — 1 provision
Requirements at a glance
This regulation imposes 5 specific requirements for Transparency & Disclosure across 1 provision:
- 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
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) |