What you need to know about new WHS legislation changes

Fundamental Convention

The New South Wales Government is proposing significant amendments to the state’s Work Health and Safety Regulation 2017, potentially setting a precedent for national changes.

 

The current regulation ends on September 1 2025 unless it is remade, with or without changes.

discussion paper released by SafeWork NSW outlines the proposed reforms, aiming to modernise and simplify regulations while maintaining strong safety standards.

Key proposed changes include clarifying duties for businesses and individuals, particularly around managing psychosocial hazards.

The amendments seek to provide more explicit guidance on risk management processes, focusing on proactive hazard identification and control. This includes updates to requirements for high-risk work like working at heights and in confined spaces.

The changes also aim to streamline licensing and notification processes, reducing administrative burden for businesses.

The discussion paper emphasises the need for clearer language and structure within the regulation, making it easier for businesses and workers to understand and comply.

It also explores opportunities to better align with national model work health and safety (WHS) laws where appropriate, promoting consistency across jurisdictions.

While these changes are initially focused on NSW, their impact could extend nationwide. Other states and territories often look to NSW’s regulatory framework when reviewing their own work health and safety legislation.

If NSW implements these reforms, it could influence similar changes across Australia, leading to greater harmonisation or potentially prompting a national review of work health and safety regulations.

The proposed amendments are currently open for public consultation, allowing businesses, workers and other stakeholders to provide feedback. This feedback will be crucial in shaping the final form of the amended regulation and its potential impact on work health and safety practices across the country.

WHS legislation applies to all workplaces in NSW and is regulated in tandem by SafeWork NSW and the NSW Resources Regulator.

The NSW Resources Regulator will be the body to administer and changes to WHS legislation at mining workplaces.

Workers, employers, unions and industry associations from all sectors will be able to provide feedback on the proposed changes until Wednesday 12 March 2025.