Legislation

The Explosives Amendment (Miscellaneous) Regulation 2025 comes into effect from 27 June 2025, and makes clarifying amendments to the Explosives Regulation 2024.

These changes include:

• providing for the annual indexation of fees for the restoration of an explosives licence,
• clarifying that certain exemptions do not apply to cartridges designed for rock breaking or demolition tools,
• clarifying that a person does not commit an offence in relation to the storage of explosive precursors if the person is authorised to store the explosive precursors without a licence, and
• the correction of minor errors.

From 1 September 2024, the Work Health and Safety Amendment (Crystalline Silica Substances) Regulation 2024 (Amendment Regulation) makes amendments to the Work Health and Safety Regulation 2017 to provide for stronger regulation of the processing of materials containing crystalline silica across all industries, particularly in relation to processing that is assessed as high risk.

The Amendment Regulation gives effect to the Work Health and Safety Ministers' decision on 28 February 2023 for PCBUs undertaking a high-risk crystalline silica process to:

• provide instruction, information and training to workers about the health risks associated with exposure to respirable crystalline silica, the need for appropriate controls and the application of controls
• develop a silica risk control plan based on the outcomes of a risk assessment
• undertake air monitoring and provide results to the WHS regulator where they indicate the airborne concentration of respirable crystalline silica in the workplace exceeds the workplace exposure standards, and
• provide health monitoring for workers.

The Amendment Regulation also defines the terms ‘processing’ and ‘controlled processing’ in relation to a crystalline silica substance and prohibits PCBUs from carrying out, directing, or allowing a worker to carry out or process a crystalline silica substance unless the processing is controlled.

Further information about the Amendment regulations can be found on SafeWork NSW's Crystalline Silica page and the Safe Work Australia website.

Explosives Amendment Act 2023

From 1 September 2024, the Explosives Amendment Act 2023 (the Amendment Act) will commence.

The Amendment Act transfers a number of provisions of the regulatory framework from the Regulation into the Act, including processes for the registration of explosives, licence applications, security clearances and exemptions.

Further, the Amendment Act implemented the final recommendations of the 2019 Statutory Review of the Act. This included:

• Inserting and clarifying the definition of ‘supply’ within the Act, to also include circumstances where supply occurs without money being exchanged, and
• Enabling the regulatory authority to destroy forfeited explosives after analysing, certifying and retaining sample evidence for use in proceeding.

Explosives Regulation 2024

The Explosive Regulation 2024 (the Regulation) remakes the Explosives Regulation 2013, which was repealed on 1 September under the Subordinate Legislation Act 1989. The Regulation implements a number of changes to modernise and improve the legislation, and makes consequential amendments to the structure, format and phrasing of the Regulation as a result of the Explosives Amendment Act 2023.

The key changes within the Regulation include:

• Increasing maximum penalties for offences to ensure they remain a sufficient deterrent to non-compliance,
• Increased penalty notice amounts to establish greater consistency and retain their deterrent effects,
• Extending the existing restrictions on transporting explosives in road tunnels to all areas and road tunnels that are prohibited areas under the NSW Road Rules 2014; and clarifying that these restrictions apply to placard loads of Hazard Division 1.1, 1.2, and 1.5 explosives,
• Establishing requirements for licence holders to implement recommendations in written advice from the regulatory authority and the Commissioner of Fire and Rescue NSW when developing or reviewing an emergency management plan,
• Clarifying the timeframe within which medical examination must be undertaken for certain individuals,
• Exempting certain persons who are exempt from holding an explosives licence from the requirement to hold a security clearance,
• Removal of ‘reasonable excuse’ as a defence in certain circumstances,
• Providing an exemption from licencing requirements for NSW Police storing explosives in police stations in a secure magazine for up to 10kg of Net Explosive Quantity, when in connection with a prosecution, or when in the public interest and prior to disposal, and
• Modernising publication requirements for registers and notices.

The Regulation commenced on 1 September, with the exception of those prescribed as starting at a later time.

The Amendment Act, Act and Regulation are available on the NSW Legislation website.

Increase to penalty provisions – Work Health and Safety Amendment (Review) Act 2020

Schedule 2 – Consequential amendments to the WHS Act

Fee unit amount calculated under this section— (s242B of the WHS Act)

Increase to penalty provisions – Work Health and Safety Amendment Act 2023

Fee unit amount calculated under this section— (s242B of the WHS Act)

Work Health and Safety Act

*These provisions were newly introduced by the Work Health and Safety Amendment (Review) Act 2020.

Schedule 2 – Amendment of WHS Regulation 2017

The Work Health and Safety (Notification of Silicosis cases and Deaths) Regulation 2024 amends the Work Health and Safety Regulation 2017 to support the commencement of the National Occupational Respiratory Disease Registry (NORDR). This amendment simplifies the process for notification of silicosis and silicosis related deaths, in line with the National Occupational Respiratory Disease Registry Act 2023.

The National Occupational Respiratory Disease Registry Act 2023 (Commonwealth), requires respiratory and occupational physicians to notify the NORDR of all diagnoses of silicosis and silicosis deaths. The NORDR will ensure a national consistent reporting of silicosis diagnoses.

This change in legislation ensures there is consistent tracking and tracing of occupational respiratory diseases across Australia through a national registry. The legislation supports the reduction of preventable occupational respiratory diseases.

From 1 July 2024, the Work Health and Safety Amendment (Engineered Stone) Regulation 2024 (the Amendment Regulation) makes several amendments to the Work Health and Safety Regulation 2017 (the Regulation).

The Amendment Regulation gives effect to the Work Health and Safety Ministers' decision on 13 December 2023 to implement a ban on the use, supply and manufacture of engineered stone benchtops, panels and slabs, with limited exceptions.

The Amendment Regulation includes the following provisions:

• Defines engineered stone and clarifies that all sintered stone and porcelain products are excluded from the general prohibition. Further exceptions are also permitted in certain circumstances.
• Outlines how work involving processed engineered stone is controlled, including the safety measures that can be undertaken to control such work.
• Contains the primary prohibition on work involving engineered stone.
  Provides for a notification framework to allow for the regulator to be notified of certain work being carried out. It provides for how this notification can occur and when it should be made.
• It provides for a stringent exemption framework to provide a process to exempt engineered stone products from the prohibition unless satisfied that granting the exemption will result in a standard of health and safety that is at least equivalent to the standard that would have been achieved without the exemption.
• Transitional arrangements to outline that work involving engineered for contracts entered into before 31 December 2023 can continue until 31 December 2024.

Further information about the ban on engineered stone can be found on the SafeWork NSW website and the Safe Work Australia website.

From 1 July 2024, the Work Health and Safety Amendment (Penalty Notices) Regulation 2024 (Amendment Regulation) makes amendments to the Work Health and Safety Regulation 2017 to provide for 88 new penalty notices to be issued for existing offences in the Regulation and further increases all existing penalty notice amounts by 24 per cent.

The Amendment Regulation amends Schedule 18A of the WHS Regulation to enable penalty notices to be issued for offences under the following clauses:

• Chapter 3 General risk and workplace management: clauses 40(1), 41(1) and (2), 42(1), 42(2), 50(3)
• Chapter 4 Hazardous work: clause 184C(1)
• Chapter 5 Plant and structures: clauses 201(2), 202(2), 208(2)– 5), 210(1), 213(1), 215(4), 218(2)
• Chapter 6 Construction work: clauses 298(1), 299(1), 306(1) and (3), 309(1), 329, 330(1), (3) and (4), 334, 339(1) and (3), 340(1) and (2), 341(1), 342(1)–(3), 346(1) and (3), 347(1) and (3), 349(1), 350(1), 356(2), 357(1) and (2), 357(3), 360, 362(2), 372(1), 403(1), 405(1), 406, 413, 415(1), 417(3),
• Chapter 8 Asbestos: clauses 419(1), 435(1) and (3), 437(1) and (2), 442, 459, 463(1), 464(1), 468(2) and (3), 471(1) and (2), 474(4), 475(1) and (2), 476(1) and (2), 477(1), (2) and (4)–(6), 481, 483(1) and(2),
• Chapter 9 Major hazard facilities: clauses 554(1), 554(3), 555(1), 557(8), 560, 567(1), 567(2), 567(3).

These changes will provide SafeWork NSW inspectors with more compliance tools, enabling them to be able to issue a penalty notice for certain offences.

Penalty notices are generally issued where a sanction is warranted for a breach, but the nature of the beach does not necessarily warrant prosecution.

The Work Health and Safety Amendment (Industrial Manslaughter) Act 2024 (Amendment Act) passed the NSW Parliament on 20 June 2024 and was assented to on 24 June 2024.

The Amendment Act creates an offence of industrial manslaughter and provides for matters relating to gross negligence. It also makes consequential amendments to the Industrial Relations Amendment Act 2023.

The Amendment Act introduces an industrial manslaughter offence in NSW, with the maximum penalties of $20 million for a body corporate and 25 years imprisonment for an individual.
Persons conducting a business or undertaking (PCBUs) and officers of PCBUs will commit industrial manslaughter when they engage in grossly negligent conduct that breaches their work health and safety duties that they owe an individual and cause the death of that individual. These new laws do not impose additional work health and safety duties.

The introduction of this offence represents not just a significant deterrent in unsafe workplace behaviour but also holds those liable who are guilty of the most serious of WHS breaches.

The new offence of industrial manslaughter commenced on 16 September 2024.

The legislation was developed following extensive consultation. An 18-month review period has been scheduled following the law's commencement.

The provisions which relate to NSW implementing further model WHS Act provisions regarding gross negligence; and consequential amendments to the Industrial Relations Amendment Act 2023, in Schedule 1[5] – [8] and 2 of the Amendment Act, commenced on 24 June 2024.

• The Work Health and Safety Amendment Act 2023, recently passed by the NSW Parliament has enacted the following changes to NSW Work Health and Safety (WHS) laws.
• Incorporating amendments made to the model WHS Act, such as:
  • Removing the ambiguity regarding a section 31 offence, clarifying that an officer can commit a Category 1 offence, the most serious WHS offence.
  • Enabling the WHS Regulator to ensure prohibited asbestos is removed permanently from workplaces. Prohibited asbestos means asbestos or ACM, fixed or installed in a workplace on or after 31 December 2001 (commence on 24 April 2024).
  • Providing clarity, ensuring a person is prohibited from taking out insurance for penalties imposed under the WHS Act.
  • Introduces imputation of conduct regarding the liability of bodies corporate for the conduct of officers and agents.
  • Increasing penalties, including a significant increase to the Category 1 offence (commence on 1 July 2024).
• Enables the establishment of a silica worker register to monitor the health of workers exposed to crystalline silica dust, and
• Miscellaneous amendments to address ambiguities, clarify intent and remove superseded or obsolete requirements, such as:
  • improving the process when SafeWork NSW is consulting on NSW codes of practice
  • enabling NSW Police to issue a penalty notice regarding compliance with food delivery rider requirements only
  • providing clarification to section 162 of the WHS Act; and
  • ensuring the Act contains sufficient regulation making powers.

All these provisions commenced on the date of assent, 24 October 2023, with the exception of those noted down as starting at later time.

A copy of the Bill can be found on the NSW Parliament website while the Act is available on the NSW Legislation website.

The Work Health and Safety Amendment (Penalty Notices) Regulation 2022 makes amendments to the Work Health and Safety Regulation 2017. The Amendment Regulation commenced on 14 October 2022.

It allows penalty notices to be issued for previously existing electrical work and asbestos offences in the WHS Regulation. Under Schedule 18A, penalty notices can now be issued for offences under the following clauses:

• Clause 149(1) – disconnection of unsafe electrical equipment
• Clause 156 – inadvertently re-energising de-energised electrical equipment
• Clause 164(2) – use of socket outlets in a hostile operating environment
• Clause 166(1) and (2) – unsafe distances to an overhead or underground electric line
• Clause 446 (1) and (3) – limitation on use of certain equipment on asbestos or asbestos containing materials
• Clause 469 – signage and barricades for asbestos removal work
• Clause 473(2) – asbestos clearance inspections
• Clause 474(2) and (3) – asbestos clearance certificates

The Work Health and Safety Amendment  (Food Delivery Riders) Regulation 2022 makes several amendments to the Work Health and Safety Regulation 2017.

From 1 July 2022, food delivery platforms are required to supply food delivery riders with high-visibility personal protective equipment (PPE). The Amendment Regulation specifies the prescribed PPE, which includes a retroreflective outer garment and a bag or container used to transport the food or drink. These items must be in accordance with the prescribed Australian Standard.

Riders have a duty to, while delivering food or drink, wear the high-visibility PPE that has been provided to them by the food delivery platform.

From 1 January 2022, food delivery platforms are required to provide induction training to food delivery riders. The training must contain modules on general road safety, hazard and fatigue management, use of PPE, and Work Health and Safety duties and obligations. Food delivery platforms must not allow a rider to commence work for them, until they have completed induction training.

Upon completion of their induction training, riders will be provided with a training verification record. This evidences that they are appropriately trained. The verification record is required to include the riders name, address, date of birth, the date they completed their training and the date on which they were provided with PPE.

Riders have a duty to carry this verification on them while working and must make it available for inspection to SafeWork NSW and NSW Police. Riders also have a separate duty to wear the PPE provided to them.

Food delivery platforms will also be required to keep records on induction training and the provision of PPE. Records must be kept for a period of 5 years, with SafeWork NSW able to access these records upon written request.

The Explosives Amendment (Exemptions) Regulation 2022 makes several amendments to the Explosives Regulation 2013.

The amendments exempt transport operators and persons working for transport operators who are transporting small arms ammunition, and percussion caps used in small arms ammunition, from licensing and security clearance requirements.

These persons are exempt from requirements to hold a security clearance and a licence to transport. They are also exempt from requirements to hold a security clearance to have unsupervised access to explosives. The exemptions apply to all stages of the transport journey, including any storage that is part of this journey.

Transport workers that are exempted from requirements to hold a security clearance or licence to transport are still required to report any loss, theft, suspicious incidents and serious incidents relating to explosives to the relevant authority.

Percussion caps are also now defined as articles of Classification Code 1.4S under the United Nations Model Regulations for Transport of Dangerous Goods 21st Edition, and which serve as igniting elements in small arms ammunition, consisting of a metal or plastics cap containing a small amount of primary explosive mixture.

The Building and Other Fair Trading Legislation Amendment Bill 2022 makes several amendments to the Explosives Act 2003.

The amendments implement recommendations of the 2019 Statutory Review of the Explosives Act (PDF, 789.18 KB), increasing maximum penalty amounts in accordance with CPI and clarifying extra-territorial inspector powers.

The Bill also amends the Explosives Act to clarify regulation-making powers and amends the Subordinate Legislation Act 1989 to postpone the repeal of the Explosives Regulation 2013 until 1 September 2024.

Amendments to the Work Health and Safety Regulation 2017 (WHS Regulation) are due to come into effect on 1 March 2023.

Demolition licensing

The Work Health and Safety Amendment (Demolition Licensing) Regulation 2022 makes some amendments to the WHS Regulation 2017, to transition the existing demolition licensing regime from the repealed Occupational Health and Safety Regulation 2001 to the WHS Regulation.

The Amendment Regulation inserts a new Part 4.6 to the Regulation to provide for the licensing of demolition work. It substantially continues the existing licensing framework and adapts it to the WHS Regulation.

The key changes include:

• amending the definition of licensed demolition work, to align it with an existing requirement for notification of some demolition work under the WHS regulation
• setting consistent and strong criteria that SafeWork NSW must be satisfied of before granting, renewing, suspending or cancelling a demolition licence including extending these criteria to the named supervisor on the licence.
• mandating training for demolition workers who do work under the supervision of a licence holder or nominated supervisor – to ensure their safety, and requiring the licence holder to retain those training records (this provision will commence on 1 March 2025).
• enabling SafeWork NSW to authorise Registered Training Organisations for the delivery of training and assessment for a demolition licence.
• increasing licence duration to five years for applications and renewals.

SafeWork NSW is in the process of developing further guidance material to assist industry with understanding the new requirements.

For more information read the public notice, New regulations for demolition licence holders.

The Work Health and Safety Amendment Regulation 2022 makes several amendments to the Work Health and Safety Regulation 2017 (WHS Regulation) to give effect to changes made to the national model WHS Regulations.

Psychosocial risks

The Amendment Regulation inserts new provisions on the management of psychosocial risks in the workplace. It defines ‘psychosocial hazard’ and ‘psychosocial risk’ and clarifies the appropriate control measures that persons conducting a business or undertaking are required to implement to manage those risks.

Amusement devices

The Amendment Regulation provides for improved record keeping and operator training for amusement devices and passenger ropeways.

Other amendments

The Amendment Regulation adds a note to clause 15 to clarify that compliance with an Australian/New Zealand Standard referred to in the Regulation is not mandatory unless the WHS Regulation states that it is mandatory.

The Amendment Regulation also amends clause 702 to include the National Disability Insurance Scheme Act 2013. This amendment will facilitate the flow of information between SafeWork NSW to the NDIS Quality and Safeguards Commission, which is needed for investigations and compliance in some matters.

Commencement

The amendments will commence as follows:

• psychosocial hazards and risks will commence on 1 October 2022
• amusement devices will commence 1 December 2022.
• all other provisions will commence on the day the Amendment Regulation is published on the NSW legislation website.

Amendments to the Work Health and Safety Regulation 2017 (WHS Regulation) came into effect on 18 December 2020.

The Work Health and Safety Amendment (GHS Labelling) Regulation 2020 updates the hazardous chemical labelling requirements to the 7^th revised edition of the Globally Harmonised System of Classification and Labelling of Chemicals (GHS 7) from the 3^rd revised edition (GHS 3).

GHS 7 introduces several changes to classification, labelling and safety data sheet requirements for workplace hazardous chemicals. In addition to these changes, the definition of ‘hazardous chemical’ has been clarified to ensure it captures all Category 2 eye irritants.

A transitional period of two years, from 1 January 2021 to 31 December 2022 has also been introduced. During this period, both GHS 3 and GHS 7 may be used.

This transition will provide businesses with the appropriate time to adjust and implement the changes. From 1 January 2023, the transitional arrangements will allow hazardous chemicals labelled with GHS 3 that were already in the supply chain to continue to be supplied and used by businesses until stock runs out.

For further information visit GHS 7 transition.

The amendments also address outdated references to Australian Safety Standards, updating those relating to pressure equipment and lasers used in the building and construction industry.

Further, the Work Health and Safety Amendment (Digital Induction Training Cards) Regulation 2020 enables the issue, use and cancellation of digital versions of general construction induction training cards.

The Work Health and Safety Amendment (Information Exchange) Act 2020 was passed by Parliament on 22 October 2020 and came into effect on 27 October 2020.

The Act establishes an information-sharing framework between NSW Health and SafeWork NSW for notifications of certain occupational dust diseases and establishes a Dust Diseases Register, which will be kept by SafeWork NSW. SafeWork NSW will publish an annual report on the Dust Diseases Register on its website. The Act also gives NSW Health broad information-sharing powers with NSW WHS regulators, and requires SafeWork NSW to conduct a case-finding study to investigate crystalline silica exposure in the manufactured stone industry.

These changes are intended to give WHS regulators the information they need to address the rise of silicosis in NSW and to protect workers from other occupational dust diseases. For more information see SafeWork’s pages on working safely with crystalline silica and asbestos.

Read the Act.

Amendments to the Work Health and Safety Regulation 2017 (WHS Regulation) came into effect on 7 August 2020.

Plant item registration

The Work Health and Safety Amendment (Miscellaneous) Regulation 2020 (Amendment Regulation) maintains the current registration period of 1 year for items of plant and clarifies the items of plant that are required to be registered.

For further information on plant item registration, see the WHS Regulation and SafeWork NSW’s Plant Item Registration page.

Traffic control work clarified

The Amendment Regulation clarifies that traffic control work includes directing traffic in accordance with a work zone traffic management plan and is not limited to using a stop/slow bat or boom gate.

Penalties

It also allows for the following existing offences to be dealt with by way of a penalty notice.

• failing to minimise the risk of an object falling on a person by providing adequate protections against the risk,
• failing to take certain actions in connection with the use of scaffold at a workplace.

See Schedule 18A of the WHS Regulation for further information.

Penalties in previous years

Penalty amounts from 2019-20 to 2020-21

Penalties in previous years

Penalty amounts from 2019-20 to 2020-21

The Work Health and Safety Amendment (Review) Act 2020 recently passed by the NSW Parliament has enacted the following changes to NSW WHS laws:

• Enhancement of the Category 1 offence by including “gross negligence” as a fault element – To make it easier to prosecute and create a stronger incentive for duty holders to manage WHS risks.
• Prohibition of insurance and indemnity arrangements - To ensure people can't avoid responsibility for paying WHS fines.
• Increased penalty amounts for all WHS offences in line with the Consumer Price Index – To ensure penalties retain their deterrent value.
• Extension of time in which a person can ask WHS Regulators to start a prosecution in response to a Category 1 or Category 2 offence from 12 to 18 months and addition of a requirement that the WHS regulator provide updates every three months to the requester until a decision to prosecute is made - To ensure that during investigations of workplace accidents, families are kept informed and have access to an effective review mechanism for decisions not to prosecute.
• Clarification that a Health and Safety Representative (HSR) can choose their course of training - To avoid unnecessary delays which can affect an HSR’s ability to fulfil their role and exercise their powers.

These changes came into effect 10 June 2020 to help improve compliance and enforcement measures for NSW WHS Regulators, and make the lives of workers and business owners healthier, safer, and more productive.

Read the Act.

Work Health and Safety Regulation Amendment (Traffic Control Work Training)

An amendment to the Work Health and Safety Regulation 2017 (WHS Regulation) came into effect 1 July 2020 for the regulation of the traffic control work training scheme.

The amendment provides that persons who carry out traffic control work in NSW must have completed training.

See Part 4.9 of the WHS Regulation.

Work Health and Safety Regulation Amendment (Silica) Regulation 2020

An amendment to the Work Health and Safety Regulation 2017 (WHS Regulation) came into effect on 1 July 2020 to ban the uncontrolled dry cutting of manufactured stone containing crystalline silica.

The amendment makes it an offence for a person conducting a business or undertaking to direct or allow a worker to cut manufactured stone containing crystalline silica without controls in place to reduce workers’ exposure to the dust generated by the cutting.

For further information on the controls that must be used, see Part 4.10 of the WHS Regulation and SafeWork NSW’s Crystalline Silica page.

The Minister for Better Regulation and Innovation has introduced the Work Health and Safety Amendment (Review) Bill 2019 seeking to expedite implementation in NSW of proposals based on recommendations from the 2018 Review of the model WHS laws, undertaken by Ms Marie Boland.

The proposed amendments to the Act seek to address the ongoing issue of workplace deaths, strengthen support for the families of workplace victims, streamline investigations and give workers and businesses greater clarity on aspects of the Work Health and Safety Act 2011.

To support the development of the Bill, the Department prepared a Better Regulation Statement which outlines how the proposed amendments to the  Work Health and Safety Act 2011 comply with the NSW Government’s Better Regulation principles.

Read the Better Regulation Statement.

Amendments to the Work Health and Safety Act 2011 (WHS Act) and Work Health and Safety Regulation 2017 (WHS Regulation) came into effect on 1 July 2019.

The WHS Act was amended to include provisions from the Rural Workers Accommodation Act 1969, which was repealed on 1 July 2019.

WHS Regulation amendments were made to increase fees and to better align with the Model Work Health and Safety regulation - the national framework.

Some of these changes included:-

• Fees
  • a one-off increase of the base licence fee for major hazard facilities from $42,228 to $54,300
  • WHS fees adjusted to the Consumer Price Index (CPI)
  • introduction of a fee unit scheme so that in future years fees will automatically be indexed to CPI.
• Technical amendments (ie to definitions)
  • definition changes relating to concrete placing booms, lifts, pressure piping and turbines.
• Hazardous chemicals
  • changes to allow that hazardous chemicals supplied, manufactured, transferred or decanted from their original containers, from 1 January 2017, must be labelled in accordance with the Globally Harmonised System of Classification and Labelling (GHS) requirements. Specific GHS content stated under Schedule 9 applies to AgVet chemicals with only a group of AgVet veterinary chemicals, listed in the Poisons Standard, exempt from this requirement.
• Lead
  • changes to the definition of lead risk work
  • the frequency with which a PCBU must conduct biological monitoring of workers who carry out lead risk work
  • reduction in blood lead levels for the immediate removal of workers from carrying out lead risk work
  • thresholds at which a PCBU may allow a worker to return to lead risk work
  • these requirements are subject to a two year transitional period from 1 July 2019 to 1 July 2021 (refer to exemption 006/19, gazetted 28 June 2019).
• Diving work
  • changes to the competencies required for workers conducting general diving work
  • competencies align with AS / NZS 2815 series Training and certification of occupational divers.

Amendments have been made to the WHS Act, to reflect six of the eleven recommendations from the NSW Work Health and Safety Act 2011 Statutory Review Report.

Some of the amendments are minor, however others provide clarity such as:

• The recording of interviews by a WHS Inspector, using sound recording or audio-visual devices, without the consent of the person being interviewed, but only following notice given to the interviewee that the recording will take place. This will provide a clear and accurate record of an interview, reducing the scope for dispute.
• Extraterritorial application of information, to allow the NSW WHS Regulators to serve a notice outside NSW to require production of information.  It allows the regulators to carry out their functions where cross border issues are involved, to avoid disputes and be more transparent, such as when investigating a workplace incident. This is particularly relevant due to technological advances and the number of business operating in NSW who have their head office, data centres or control rooms in another state or territory.

These changes, which came into effect on 21 March 2018, will assist in improving compliance and enforcement measures for the NSW WHS Regulators, to make the lives of workers and business owners healthier, safer and more productive, and improve public safety.

This fact sheet outlines the amendments to the NSW Work Health and Safety Act 2011 resulting from the review.

The Work Health and Safety Regulation 2017 came into effect on 1 September 2017.

It is essentially the same as the 2011 Regulation, except for minor changes, including formatting and corrections to typos.

The changes are outlined in this table.

The Work Health and Safety Act 2011 (NSW) (the Act) provides a framework to protect the health, safety and welfare of all workers and others in relation to NSW workplaces and work activities.

The scope of this statutory review

Under section 276B of the Act the Minister is required to conduct a review of the Act to determine whether the policy objectives remain valid and whether the terms appropriate for securing those objectives.

This review examined the objectives of the Act and the NSW-specific provisions of both the Act and the Work Health and Safety Regulation 2011 (the Regulation). The review also examined the NSW-specific codes of practice. These codes were introduced in NSW before the adoption of nationally harmonised work health and safety laws, which commenced in NSW on 1 January 2012.

Public consultation

A discussion paper was developed and released for a public consultation from 11 November 2016 to 20 December 2016 inclusive.

The discussion paper advised respondents that their submission would be published on the SafeWork NSW website unless they indicated that they wished their submission to remain confidential.

Non-confidential submissions received

Review Report

The review has been completed and the Review Report was tabled in the NSW Parliament on 20 June 2017. You can access a copy of the Review Report on this website.

A public information campaign was conducted prior to commencement of the amendments, most of which were finalised by 2017.

For further information on this review, please email legislationreview@safework.nsw.gov.au with the subject heading ‘NSW Statutory Review'.