NSW Codes of Practice and Psychosocial Hazard Compliance from 1 July 2026
What is changing?
From 1 July 2026, NSW businesses will have a new duty to comply with approved Codes of Practice under the Work Health and Safety Act 2011 (NSW).
Until now, Codes of Practice have largely operated as practical guidance: they helped explain what regulators and courts may regard as an acceptable way to meet WHS duties. They were already important because they could be used in court as evidence of what was known about a hazard, risk or control measure, and what was “reasonably practicable” in the circumstances.
The 2026 change increases the legal significance of the codes. SafeWork NSW states that from 1 July 2026, changes are being introduced to make it a duty to comply with a Code of Practice, or alternatively provide a standard of health and safety equivalent to or higher than the Code.
The New Duty
The Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025 was assented to on 3 July 2025 as Act No 42 of 2025. It amended the WHS Act, including by inserting a new section 26A.
New section 26A provides that where the Minister has approved a Code of Practice, a PCBU must either:
1. comply with the Code; or
2. manage hazards and risks differently, but in a way that provides a standard of health and safety that is equivalent to or higher than the standard required under the Code.
SafeWork NSW notes that most provisions of the Amendment Act commenced on 13 October 2025, but the new duty to comply with Codes of Practice commences on 1 July 2026.
Why this Matters for Psychosocial Hazards?
This change is particularly important for psychosocial hazards because NSW already has an approved Managing Psychosocial Hazards at Work Code of Practice. SafeWork NSW confirms that the Code is an approved Code of Practice under section 274 of the WHS Act and is intended for PCBUs and others with responsibilities for managing exposure to psychosocial hazards and risks to psychological and physical health and safety.
In practice, this means that from 1 July 2026, the psychosocial hazards Code becomes a much stronger compliance benchmark. Employers should either align their systems with the Code or be able to show, with evidence, that their alternative approach achieves an equivalent or higher safety standard.
What are psychosocial hazards?
Psychosocial hazards are aspects of work that may cause a stress response and lead to psychological or physical harm. SafeWork NSW identifies common examples including high workloads, low job control, poor support, poor organisational change consultation, workplace violence, bullying and harassment, sexual harassment, remote or isolated work, and poor role clarity.
These hazards can arise from:
the design or management of work;
the work environment;
workplace interactions or behaviours;
plant, equipment or machinery;
systems of work and organisational culture.
Key employer takeaway
From 1 July 2026, approved NSW Codes of Practice should be treated as more than guidance. For psychosocial hazards, the practical question for employers will be:
Are we following the Managing Psychosocial Hazards at Work Code of Practice, or can we prove that our alternative approach provides an equivalent or higher standard of health and safety?
Employers who cannot answer that question clearly may face greater regulatory and litigation risk, particularly where psychosocial hazards such as workload, bullying, harassment, poor support, poor role clarity or unsafe workplace behaviours have not been systematically identified, controlled and reviewed.
This article is general in nature and does not constitute legal advice. If your workplace requires assistance, or if you are unsure whether your business complies with the relevant Code of Practice, Voice Lawyers can assist by reviewing your current policies and providing practical advice.
We help people and businesses navigate the complexities of workplace laws with confident and practical advice. You can contact us at office@voicelawyers.com, give us a call at 02 9261 1954 or use the link on our website to book a consultation to speak with one of our lawyers.