Safe Work Australia has launched a Best Practice Review of the model Work Health and Safety (WHS) Act and model WHS Regulations. A discussion paper has been released and public consultation, including written submissions, is open until 3 November 2025. Online surveys for workers, health and safety representatives and employers are also available through the Consultation Hub.

This is the most significant review of Australia's WHS framework since the 2018 Boland Review, which led to the psychosocial hazard amendments now in force across most jurisdictions.

Scope of the review

WHS Ministers have asked Safe Work Australia to examine and make recommendations on whether the model WHS Act and model WHS Regulations continue to incorporate a best practice approach that achieves the object of the model WHS Act, within the context of strengthening and maintaining harmonisation of WHS laws across Australia.

The review has two central objectives. The first is to assess whether the model laws reflect current best practice for securing the health and safety of workers and workplaces. The second is to address jurisdictional variations that have emerged since harmonisation. The model WHS laws were finalised in 2011 and have been implemented in all jurisdictions except Victoria. While some jurisdictional variation was agreed at the time to accommodate differences in institutional arrangements, local laws and drafting protocols, states and territories have since made changes that extend beyond those original agreed variations. This divergence creates compliance complexity for organisations operating across multiple jurisdictions and risks undermining the consistency the harmonised framework was designed to achieve.

The changing nature of work

The review also examines how the nature of work has changed since the model WHS laws were introduced. The discussion paper identifies several areas of transformation: globalisation, rapid technological advancement including artificial intelligence and digital work systems, demographic shifts in the workforce, and new business models including the gig economy and platform-based work.

The discussion paper invites submissions on whether the current regulatory framework adequately addresses risks arising from these developments, and how the model laws should respond. Input is sought from stakeholders across all industries, including those that have not previously been the subject of prescriptive WHS regulation.

Potential outcomes

The scope of potential outcomes is broad. According to analysis of the discussion paper, outcomes could range from targeted amendments to the model laws through to specific regulation of new industries and work types, and even national regulation under a single Commonwealth regime. The review is described as a broad-ranging inquiry likely to result in significant policy and regulatory changes to Australia's model WHS legislation.

Psychosocial implications

The review carries particular significance for psychosocial compliance. The psychosocial hazard provisions now in force across most jurisdictions were a direct outcome of the 2018 Boland Review's Recommendation 2. This Best Practice Review provides an opportunity to examine how those provisions are operating in practice and whether they go far enough.

Submissions from unions and safety advocates are pushing for stronger psychosocial provisions. The Australian Nursing and Midwifery Federation supports the extension of the model Regulations relating to psychosocial hazards, including the application of Part 3.1 of the Regulations to all hazards rather than only regulated hazards. The ANMF's submission identifies workloads, change management and fatigue as issues of particular importance to its members. The ACTU has briefed union officials on the review, noting that shifts in work arrangements and growing recognition of psychological health since 2018 have highlighted the need for updated provisions.

The discussion paper also considers how emerging risks such as digital surveillance, AI-driven work allocation and technology-facilitated harassment interact with existing psychosocial hazard provisions. Several jurisdictions are already moving in this direction independently. New South Wales has introduced legislation proposing specific WHS obligations on persons conducting a business or undertaking that use digital work systems to allocate work.

Consultation process and timeline

The formal written submission process closes at 5:00 pm ADST on Monday 3 November 2025. In addition to written submissions, Safe Work Australia has released online surveys for workers, health and safety representatives and employers through the Consultation Hub. The review team is also conducting in-person stakeholder engagement across every state and territory, meeting with regulators, unions, businesses and community organisations. Safe Work Australia will continue to meet with interested stakeholders until March 2026.

A consultation summary is expected in March 2026, and the final review report is due to be presented to WHS Ministers in mid-2026.

Organisations, industry bodies, unions and individuals can contribute through the Safe Work Australia Consultation Hub or by contacting the review team at bestpracticereview@swa.gov.au.

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. Regulatory references are sourced from Safe Work Australia and are current as of the date of publication.