Section 26A of the Work Health and Safety Act 2011 (NSW) commences on 1 July 2026. It changes the legal status of every approved WHS code of practice for psychosocial hazards and all other workplace risks in the state. After that date, every PCBU must either follow an approved code or demonstrate that their approach achieves an equivalent or higher standard of health and safety. The Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025 introduced this provision, and it brings NSW into alignment with Queensland, which enacted similar provisions in 2018.

This is not a minor update. It turns codes of practice from admissible guidance into enforceable compliance benchmarks with statutory weight.

The pattern

Until now, codes of practice in most harmonised WHS jurisdictions have served as evidence of what a PCBU should reasonably know about managing a hazard. Courts could reference them. Inspectors could cite them. But they did not impose standalone obligations or attract penalties on their own.

NSW currently has more than 30 approved codes of practice. When section 26A commences, all of them become enforceable compliance benchmarks simultaneously. The Managing Psychosocial Hazards at Work Code of Practice, issued in May 2021, is already an approved code under section 274 of the WHS Act. This is the NSW psychosocial code of practice that most organisations will need to benchmark against. From 1 July, every organisation in the state will need to show that their psychosocial compliance in NSW either follows that code or exceeds it.

The code is specific. It sets out expectations for hazard identification across defined psychosocial hazard categories, psychosocial risk assessment methodology, worker consultation, control implementation, and ongoing review. Regulators can measure compliance against it. And from 1 July, they will.

There is a complication most organisations will miss. The code was written in 2021 and still references the WHS Regulation 2017. The WHS Regulation 2025, which commenced on 22 August 2025, introduced sections 55C and 55D, which now explicitly require PCBUs to manage psychosocial risks using the hierarchy of control measures. The 2021 code leans heavily on administrative psychosocial hazard controls like policies and training. An organisation that follows the code to the letter but ignores the regulation's requirement for higher-order controls will not pass the "equivalent or better" test under section 26A.

What this looks like in practice

Before 1 July, a regulator prosecuting a psychosocial hazard matter needs to establish that an organisation failed to eliminate or minimise risk so far as reasonably practicable. The code of practice for psychosocial hazards sits as one piece of evidence in that argument.

After 1 July, the code sets the benchmark. A SafeWork NSW inspector will expect to see controls mapped to the code, evidence that the organisation applied the hierarchy of control, and documented review cycles. If you took a different approach, you carry the burden of proving it meets or exceeds the standard. A regulator no longer needs to prove harm occurred. Falling short of the code may constitute a breach on its own.

And the enforcement environment around this has shifted. Since 1 March 2026, registered organisations including unions can initiate civil penalty proceedings for WHS breaches, and courts can now direct a portion of any resulting penalty to the prosecuting union. SafeWork NSW is no longer the only party that can hold you to account. Officers face separate personal liability under section 27, and officer due diligence obligations for psychosocial risk now carry real teeth: fines reaching approximately $447,000 for a Category 2 breach and up to $2.3 million plus imprisonment for Category 1 offences.

What to do about it

Three months is enough time to close the gap if you start now. Map your current psychosocial risk controls against the code, section by section, and then cross-reference against the WHS Regulation 2025 requirements under sections 55C and 55D. Identify where your approach aligns and where it falls short. Check whether your hazard identification covers the full range of psychosocial hazard categories, not just the ones that have already generated incidents. Confirm that your controls follow the hierarchy of control, starting with work design and elimination, not just training and policies sitting in a shared drive. And build the evidence trail, because after 1 July, the question a regulator or a union asks is not whether you manage psychosocial risk. It is whether you can prove it.

NSW is giving organisations three months of lead time. That is more notice than most regulatory shifts provide. Use it.

Disclaimer: This article provides general information on psychosocial compliance in Australian workplaces. It does not constitute legal advice. Organisations should consult qualified professionals for advice specific to their circumstances. Data cited is sourced from Safe Work Australia, SafeWork NSW, and relevant legal commentary as of the date of publication.