17/03/2026
NSW passes Digital Work Systems amendments to WHS Act
The NSW Parliament has passed the Work Health and Safety Amendment (Digital Work Systems) Act 2026, creating a dedicated framework for AI‑enabled and automated technologies used to organise or monitor work.
Key changes:
• New duty on PCBUs to identify and manage WHS risks arising from digital systems used to allocate or direct work.
• Expanded WHS entry powers, allowing permit holders to access and inspect digital work systems, supported by regulator guidelines.
• New statutory definition of “digital work system”, covering AI, algorithmic tools, automated scheduling platforms and monitoring technologies.
• Staged statutory reviews.
Risk areas:
• Excessive or unsafe workloads generated by automated rostering.
• Performance metrics that may incentivise unsafe practices.
• Psychosocial risks linked to monitoring or surveillance technologies.
• Opaque or discriminatory algorithmic decision‑making.
Implications for employers:
• Digital systems must now be incorporated into WHS risk management frameworks.
• Governance structures, oversight mechanisms and consultation processes may need review to ensure they adequately address technology‑enabled work design.
• Employers should monitor forthcoming regulator guidance as expectations in this area continue to develop.
