Work Health and Safety Amendment (Digital Work Systems) Act 2026 (Amendment Act)
The Work Health and Safety Amendment (Digital Work Systems) Act 2026 (Amendment Act) amends the Work Health and Safety Act 2011 (WHS Act) to prevent workers from being put at risk from the use of digital work systems by persons conducting a business or undertaking (PCBU).
The Act received assent on 18 February 2026. However, only Schedule 1 [7], [9] and [11] commenced. These provisions are related to the development of Guidelines on the new Entry Permit Holder power (see below). The remaining amendments commence on proclamation after the Guidelines have been developed and published.
Definition of ‘digital work system’
Digital work system means an algorithm, artificial intelligence, automation or online platform.
Primary Duty of Care
The new section 19(3)(c1) makes clear that the duty for a PCBU to ensure, so far as is reasonably practicable, the health and safety of workers engaged or caused to be engaged by them or workers whose activities in carrying out work are influenced or directed by the PCBU, includes ensuring the health and safety of workers is not put at risk from the use of digital work systems by the business or undertaking.
Duties related to the allocation of work by digital work systems
The new section 21A requires a PCBU to ensure, so far as is reasonably practicable, that the health and safety of a worker is not put at risk from the allocation of work by a digital work system used by the business or undertaking. It provides specific risks a PCBU must consider in relation to the use of this system.
Entry permit holder power to require ‘reasonable assistance’
The new section 118(1)(a) provides entry permit holders (EPH) with the power to require a PCBU to provide them with reasonable assistance to access and inspect a digital work system relevant to suspected contraventions of the Act.
The following conditions apply to the exercise of this power:
- EPH must give the PCBU at least 48 hours and no more than 14 days notice before the proposed entry.
- The power is subject to guidelines issued by SafeWork NSW.
- Existing requirements for WHS entry permit holders under Division 4 of Part 7 still apply.
Note: these powers cannot commence earlier than one month after the first Guidelines are published by SafeWork NSW.
SafeWork NSW guidelines on the new EPH power
The new section 118A requires SafeWork NSW to issue and publish guidelines on the SafeWork NSW website, on the power of WHS entry permit holders to require a PCBU to provide reasonable assistance to access and inspect digital work systems relevant to suspected contraventions of the Act.
The Guidelines may be issued on an ongoing or interim basis, and apply generally or be limited in application to a particular class of persons, work or workplaces.
The Regulator must undertake public consultation and consider any feedback received about the proposed guidelines.
Review requirements
The Act establishes two review mechanisms, which require the Minister to review the Act in the following circumstances:
- If Safe Work Australia develops Model WHS laws that deal with substantially the same subject matter.
- Following 12 months from the commencement of the review provision. A report on the outcome of the review must be tabled in Parliament within 18 months of the commencement of the review provision.