Section 26A: Codes of Practice Become Legally Binding — 1 July 2026
34 NSW Codes of Practice shift from guidance to legal duty. PCBUs must comply or document an equivalent approach.
What Section 26A means for your business
The Work Health and Safety Act 2011 (NSW) has been amended to insert Section 26A, which fundamentally changes the legal status of approved Codes of Practice. The amendment was introduced by the Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025, assented on 3 July 2025, with Section 26A commencing on 1 July 2026. This mirrors the approach adopted in Queensland since 1 July 2018.
Previously, Codes of Practice were admissible in court proceedings and courts could "have regard to" them as evidence of what was known about a hazard and what was reasonably practicable. Under Section 26A, a PCBU must either comply with an applicable Code of Practice or demonstrate that the standard of health and safety they provide is equivalent to or higher than the standard required under the Code. This is no longer guidance — it is a legal duty.
There are currently 34 WHS-era Codes of Practice approved in NSW, plus 15 pre-WHS codes that remain in force. Three new codes were published in 2025-2026: Healthcare and Social Assistance (February 2026), Managing the Risk of Fatigue at Work (February 2026), and Managing Risks of Respirable Crystalline Silica (February 2026). Every PCBU must identify which codes apply to their operations and either document compliance or document their alternative approach with evidence that it meets or exceeds the code standard.
The practical implication is significant. A PCBU who cannot produce documentation showing either code compliance or a justified alternative approach has no defence. "We didn't know about the code" was never a good answer — from 1 July 2026, it is legally indefensible.
Affected Industries
| Industry | Impact Level | Key Change | |
|---|---|---|---|
| Construction | high | 14 codes including Construction Work, Excavation, Demolition, Falls, RCS, Moving Plant | View Solution → |
| Steel fabrication | high | 16 codes including Welding Processes, Spray Painting, Confined Spaces, Noise | View Solution → |
| General manufacturing | high | 12 codes including Plant, Chemicals, Noise, Manual Tasks | View Solution → |
| Aged care | high | 11 codes including the newest Healthcare and Social Assistance Code | View Solution → |
| All other industries | medium | Minimum 7 universal codes apply to every PCBU | View Solution → |
What you need to do before 1 July 2026
Identify applicable codes
List every Code of Practice that applies to your operations. Use the SafeWork NSW complete list.
Open Module →Assess current compliance
For each applicable code, determine whether your current practices follow the code or differ from it.
Open Module →Document compliance or alternative
For codes you follow: document the evidence. For codes where you use an alternative approach: document why your approach provides equivalent or higher protection.
Open Module →Train workers and officers
Officers have due diligence obligations under s.27. They must understand which codes apply and the basis for compliance or alternative approach.
Open Module →Regulatory Timeline
Section 26A Tracker
Maps all 34+ codes to your business operations, tracks compliance status per code, and generates evidence documentation.
Prepare your compliance posture before the deadline.
We will walk you through every obligation, every deadline, and every module your organisation needs.