Development of the Digital Work Systems Guidelines
Information about the Digital Work Systems Guidelines, including the relevant WHS law changes, and SafeWork NSW’s consultation approach and timeline.
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Digital Work Systems Guidelines
The Work Health and Safety Amendment (Digital Work Systems) Act 2026 (DWS Act) requires SafeWork NSW to issue guidelines about the power of WHS entry permit holders (EPHs) to require persons conducting a business or undertaking (PCBU) to provide reasonable assistance to access and inspect digital work systems relevant to a suspected contravention of the Act.
SafeWork NSW will be consulting with stakeholders and the community to develop the DWS Guidelines. This will include public consultation as required under the DWS Act.
What are digital work systems
The DWS Act defines a digital work system as an algorithm, artificial intelligence (AI), automation or online platform.
Key changes introduced by the DWS Act
The DWS Act introduces amendments to the WHS Act including:
- Clarification that the existing primary duty of care, that a person conducting a business or undertaking (PCBU) owes their workers under the WHS Act, applies to managing risks arising from the use of digital work systems.
- A new duty requiring PCBUs to consider whether the health and safety of workers is put at risk by the allocation of work by a digital work system.
- A new power for EPHs to require reasonable assistance to access and inspect digital work systems relevant to a suspected contravention of the WHS Act. This new power is subject to the DWS Guidelines.
Read further details about the changes: Work Health and Safety Amendment (Digital Work Systems) Act 2026 (DWS Act)
When the changes start
Provisions that allow SafeWork NSW to develop and issue the DWS Guidelines have started. These relate to the new power for EPHs to require a PCBU to provide reasonable assistance to access and inspect digital work systems where there is a suspected contravention of the DWS Act. SafeWork NSW may issue guidelines that only apply to a particular class of persons, work or workplaces.
All other provisions of the DWS Act, including the new EPH power itself, will commence when the NSW Government announces a start date. This date must be at least one month after the DWS Guidelines are published.
Consultation on the DWS Guidelines
The DWS Act requires SafeWork NSW to consult with, and consider feedback from, the public, prior to issuing the DWS Guidelines.
SafeWork NSW will undertake a staged consultation process to identify early issues, and test and refine the DWS Guidelines before broader public consultation.
Stage 1: Early targeted consultation
Targeted consultation with stakeholders to gather early insight into how digital work systems are used, associated WHS risks, and practical considerations relevant to the new EPH power.
Stage 2: Further targeted consultation
Additional engagement, building on Stage 1 findings and incorporating further practical insights to develop draft Guidelines.
Stage 3: Public consultation
Publication of the draft Digital Work Systems Guidelines for a 4 to 6 week public consultation on the NSW Have Your Say platform.
Register your interest
You can register your interest to:
- stay informed on the development of the DWS Guidelines,
- receive updates on consultation, and
- be notified when public consultation opens.
SafeWork NSW will use the information collected in the registration form to contact you with updates and related information, including opportunity to participate in consultation. Details about how personal information is collected, used and stored are explained in the privacy collection notice.
Your questions answered
Why are the DWS Guidelines being developed?
The DWS Act introduces a new power for entry permit holders to require reasonable assistance from a person conducting a business or undertaking to access and inspect digital work systems relevant to a suspected contravention of the WHS Act.
The DWS Act requires SafeWork NSW to develop guidelines about the use of this power.
Who is being consulted?
SafeWork NSW is responsible for developing the DWS Guidelines and will undertake consultation in stages to support this work.
Early stages will involve targeted consultation with key stakeholders to inform SafeWork NSW’s preparation of draft DWS Guidelines. The draft DWS Guidelines will then form the basis for a broader public consultation.
What is an entry permit holder (EPH)?
Entry permit holders are union officials who have been issued a WHS entry permit by the Industrial Relations Commission, allowing the union official right of entry into a workplace.
Learn more about entry permits and workplace right of entry by work health and safety entry permit holders (PDF, 297.74 KB).
Is a right to access or inspect a digital work system a new EPH power?
No, EPHs have an existing right to inspect any work system, plant, substance, structure or other thing relevant to a suspected contravention of the WHS Act. This includes a digital work system. What the new power does is allow an EPH to require a person conducting a business or undertaking to provide reasonable assistance to access and inspect a digital work system relevant to the suspected contravention.