From 1 July 2026, SafeWork NSW are changing Codes of Practice – are you ready? Currently, many NSW Codes of Practice are not legally enforceable the same as the WHS Act or WHS Regulation. NSW Codes of Practice are not the same as the WHS Act or WHS Regulation, but they are still legally important. An approved Code of Practice currently gives practical guidance on how to meet WHS duties […]
From 1 July 2026, SafeWork NSW are changing Codes of Practice – are you ready?
Currently, many NSW Codes of Practice are not legally enforceable the same as the WHS Act or WHS Regulation.
NSW Codes of Practice are not the same as the WHS Act or WHS Regulation, but they are still legally important. An approved Code of Practice currently gives practical guidance on how to meet WHS duties and can be used in court as evidence of what is known about a hazard, risk or control, and what may be “reasonably practicable.”
SafeWork NSW also says inspectors may refer to an approved code when issuing improvement or prohibition notices.
From 1 July 2026, NSW is changing the position: it will become a duty to comply with an approved Code of Practice, or alternatively to provide a standard of health and safety that is equivalent to or higher than the code. SafeWork NSW states this change is being introduced from 1 July 2026.
So, the practical answer is:
The key point: even now, we would not treat NSW Codes of Practice as optional guidance. If a PCBU departs from a code, they should be able to clearly justify and document how their alternative controls achieve at least the same standard.
After 1 July 2026, that position becomes much more direct and enforceable.