NSW WHS s26A: Codes of Practice as enforceable duty
Status: Upcoming
Effective 1 July 2026. Reference now, treat as binding from that date.
From 1 July 2026, the NSW Work Health and Safety Act 2011 elevates approved Codes of Practice from "evidence of what is reasonably practicable" to a standalone enforceable duty under s26A. NSW PCBUs must comply with applicable Codes, or demonstrate an equivalent or higher standard with documented justification. The change does not affect other Australian states.
What is changing
Section 26A introduces a positive duty on PCBUs and other duty-holders in NSW to comply with the requirements of an approved Code of Practice that applies to their work. Previously, Codes of Practice were "evidence" that a court could take into account when deciding whether a duty had been met. Under s26A, non-compliance with an applicable Code is itself a breach unless the duty-holder can demonstrate they have managed the risk in a way that achieves an equivalent or higher standard. The duty applies to all NSW workplaces and to every applicable Code — including the Construction Work Code, the Hazardous Manual Tasks Code, the Managing Psychosocial Hazards at Work Code, and the dozen other approved NSW Codes. NSW is the first model jurisdiction to adopt this uplift; the other model jurisdictions retain the older "evidence of" framing as of mid-2026.
Timeline
WHS Amendment (Codes of Practice) Bill 2024 (NSW) introduced.
Bill receives Royal Assent.
s26A binds.
Who it affects
- All NSW PCBUs and officers
- Principal contractors operating on NSW construction sites
- Multi-state organisations with NSW workplaces
- Contractors and subcontractors carrying out NSW work
What you need to do
- 1
Map applicable Codes to your work
List which approved NSW Codes apply to each activity you carry out. This list is the foundation of your s26A defence.
- 2
Document any deviation
For any work practice that does not follow the Code, document the reasoning and the alternative control that achieves an equivalent or higher standard. Keep the deviation record alongside the SWMS / SOP.
- 3
Update your SWMS template
Every NSW SWMS should reference the applicable Code(s) and either confirm compliance or attach the deviation justification.
- 4
Brief officers on s27 exposure
Officer due diligence (s27) now flows through s26A — failure to ensure resources for Code compliance is a personal officer exposure.
How RAE IQ handles it
RAE IQ's NSW jurisdiction profile already references the applicable Codes inside every SWMS, risk assessment and toolbox talk. From 1 July 2026 the engine flips automatically: NSW documents will surface s26A as binding, and the Code-alignment panel on every document will require asserted compliance or a documented deviation. The flip happens via the transition-state helper — no deploy, no admin action.
Related glossary terms
Industries most affected
Tracked, cited, and ready when the date flips.
Every change on this page is wired into RAE IQ's drafting engine — when the effective date hits, the documents it generates change too.