As part of a number of WHS reforms, the NSW government recently amended the Work Health and Safety Act 2011 (NSW) , which will make Codes of Practice legally enforceable and take effect from 1 July 2026. From 1 July 2026, Codes of Practice will no longer operate as guidance.
Under section 26A, a Person Conducting a Business or Undertaking (PCBUs) must either follow the relevant CoP or demonstrate that they have implemented alternative risk control measures that achieve an equivalent or higher standard of work health and safety.