On 26 June 2025, the NSW Parliament passed major reforms to the Work Health and Safety (WHS) Act 2011, that all employers must be aware of. These reforms are part of a broader effort to enhance workplace safety and accountability.
Key Amendments to the WHS Act
- Extension of Limitation Periods for Prosecutions
A proceeding for an offence under the WHS Act can now be brought after the end of the 2-year limitation period with the leave of a court. - Enhanced Union Rights in WHS Matters
Unions now have extended rights to initiate proceedings for offences under the WHS Act. Additionally, registered organisations that successfully conduct WHS prosecutions are entitled to moieties, providing financial incentives for their involvement. - Expanded Powers for Entry Permit Holders
Entry permit holders are now expressly allowed to take photos, videos, and measurements, or conduct tests (such as air monitoring in the tunnelling industry), which are directly relevant to suspected WHS contraventions at work sites. - Mandatory Notification of Provisional Improvement Notices
Employers are required to notify SafeWork NSW if they are issued with a provisional improvement notice by a health and safety representative. This measure aims to provide the regulator with better data on emerging WHS issues. - Increased Transparency in Safety Investigations
SafeWork NSW is now permitted to share more information on safety investigations and other issues with the families of killed workers and other stakeholders, enhancing transparency and accountability. - Compliance with WHS Codes of Practice
Persons conducting a business or undertaking (PCBUs) must comply with WHS Codes of Practice unless they apply different health and safety standards that are equivalent to or higher than the standards required by the Codes.
CCF NSW will advise members once the commencement date has been confirmed.
New Independent WHS Regulator Announced
The NSW Government have announced the SafeWork NSW Commissioner, Janet Schorer, click here to view the government announcement. This marks the beginning of SafeWork NSW being an independent regulator. This move aims to strengthen the enforcement of WHS laws and enhance accountability in workplace safety regulation.
SafeWork NSW have advised that construction inspectors will be undertaking targeted stakeholder engagement and compliance activities this week in the following locations:
- Hunter/Central Coast
- Wollongong
- Sydney CBD
- Cronulla Sutherland Shire
- Western Sydney (Parramatta/Norwest/Blacktown/Oran Park)
CCF NSW can assist with Safety Compliance, for assistance contact CCF NSW on 9009 4000.