The PsychProof Newsroom

NSW has expanded safety laws to include digital work systems, requiring businesses to manage risks from AI, automation, and algorithms to prevent psychosocial and surveillance issues. This includes performing psychosocial risk reviews and ensuring human oversight.

The NSW Parliament passed the Work Health and Safety Amendment (Digital Work Systems) Bill 2025 (NSW) on February 12, 2026, making NSW the first state in Australia to regulate digital work systems in WHS laws. The bill introduces a primary duty of care to ensure workers' health and safety is not put at risk by digital work systems, which are defined as algorithms, artificial intelligence, automation, or online platforms.

The Australian Institute of Health and Safety (AIHS) has raised concerns over new digital safety laws in NSW.

SafeWork SA has introduced two new Codes of Practice addressing the management of psychosocial hazards and sexual and gender-based harassment at work, effective from February 19, 2026, aiming to clarify existing legal duties for employers and better protect worker wellbeing. The codes are based on the national Model Code of Practice developed by Safe Work Australia and incorporate significant further consultation with South Australian unions and employer representatives.

Regulators are increasing scrutiny on workplaces regarding psychological risk as a safety issue. Addressing psychosocial risks through organizational and work design decisions is crucial and leadership behavior and cultural maturity become practical risk controls.

WorkSafe WA has introduced major changes under the WHS (Mines) Regulations 2022, requiring mining operations to appoint properly trained and certified personnel to statutory WHS roles. The compliance deadline is 30 March 2026.

From 1 July 2026, South Australia will align with national WHS laws by redefining high-risk construction work as any task involving a fall risk of more than two metres (down from three).

New South Wales has announced several significant WHS regulatory changes, including a Silica Worker Register (from 1 October 2025) for all high-risk silica work; updated WHS Regulation 2025, including new electrical standards; and mandatory audiometric testing (from 1 January 2026) for workers exposed to hazardous noise.

Regulators expect businesses to manage WHS risks related to the adoption of AI, automation, drones, robotics, and digital systems. This includes completing WHS risk assessments, assigning clear safety responsibilities, and maintaining human oversight to avoid algorithmic errors, stress, or unsafe digital workflows.

New South Wales has announced mandatory audiometric testing from 1 January 2026 for workers exposed to hazardous noise, with testing required at three months and every two years thereafter.