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