NSW Codes of Practice become legally binding from
1 July 2026
A fundamental shift in the legal status of approved Codes in New South Wales - and how this compares across other Australian jurisdictions.
On 1 July 2026, the legal status of approved Codes of Practice in New South Wales changes fundamentally. Under new section 26A of the Work Health and Safety Act 2011 (NSW), PCBUs will be required to either comply with an applicable Code, or affirmatively demonstrate that their alternative approach delivers a standard of health and safety equivalent to or higher than what the Code prescribes.
“For psychosocial risk management, the relevant Code is the Managing Psychosocial Hazards at Work Code (2021). From 1 July, that Code stops being guidance and starts being the legal benchmark.”
What is already in effect in NSW
The Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025 has been rolling out across multiple commencement dates since July 2025.
Expanded Powers
Right of entry permit holders can now capture video and measurements on suspicion of breach.
IRC Jurisdiction
Compensation orders up to $100,000 for public sector stop-bullying matters.
Union Proceedings
Registered industrial organisations can now initiate civil penalty proceedings.
The Section 26A Mandate
“A PCBU must either comply with an approved Code of Practice, or manage hazards and risks in a way that achieves a standard of health and safety equivalent to or higher than the standard required under the Code.”
This shifts the evidentiary burden. From 1 July, if a PCBU departs from the Code, they must prove their alternative is better. The regulator no longer has the primary burden to prove inadequacy.
How NSW Compares
Equivalent Section 26A duty in effect since 2018. More prescriptive hierarchy of controls — elimination must be evidenced before administrative controls.
View LegislationOperating in Victoria under the state's specific psychosocial regime. Features broader hazard definitions and specific mandatory review triggers.
View LegislationPublished adapted 2021 Code in July 2022. Integrated approach bridging psychological and physical health risks.
View LegislationConvergent trajectory: psychosocial risk management is moving from guidance to enforceable duty across all harmonised jurisdictions.
Implementation Roadmap
What HSEQ managers should be doing now
Four critical questions to answer before 1 July 2026.
Identify all industry-specific Codes that now carry binding status.
Can you produce evidence of following the Code's specific process steps?
Is there a contemporaneous record of how higher-order controls were considered?
Will your records hold up against union civil penalty proceedings?
This article reflects the law as at 6 May 2026 and is provided as general regulatory commentary. It does not constitute legal advice. PCBUs should obtain independent legal advice on their specific circumstances.
Preparing for
1 July 2026?
PsychProof provides the structured eight-phase methodology required to meet the Section 26A evidentiary standards.
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