From 13 October 2025, major reforms to the Work Health and Safety Act 2011 (NSW) came into force, reshaping the compliance landscape for NSW businesses. The amendments materially expand employer obligations, enhance union powers, extend prosecution timeframes, and give the Industrial Relations Commission (IRC) new dispute-handling functions.
Together, these changes require businesses to reassess whether their WHS frameworks remain fit for purpose under the new regime.
Mandatory Compliance with Codes of Practice
What was previously guidance has now become a baseline legal requirement. PCBUs must either comply with the relevant Codes of Practice that apply to their operations or be able to demonstrate that they have implemented controls that provide an equal or higher standard of safety. Reliance on alternative approaches without clear evidence of equivalence (or better) now carries significantly higher risk.
New Reporting Obligations for Provisional Improvement Notices (PINs)
Employers are now required to provide SafeWork NSW with a copy of any Provisional Improvement Notice issued by a health and safety representative as soon as practicable. This applies to all PINs issued on or after 13 October 2025, regardless of whether the business intends to challenge the notice. Failure to comply attracts a maximum penalty of $6,165.50. PINs issued before that date are not captured by this requirement.
Expanded Union Rights and Powers
The reforms substantially increase the role of unions in WHS enforcement and oversight. In particular:
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Prosecutions: Unions may commence prosecutions for any WHS offence, including Category 3 offences, provided SafeWork NSW has first been given the opportunity to act.
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Civil penalty proceedings: Unions may bring proceedings for breaches of WHS civil penalty provisions, including those relating to WHS entry permits.
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Penalty sharing: Courts may direct that part of any fine or penalty be paid to the union that initiated the proceedings.
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Broader entry permit powers: WHS entry permit holders may now take measurements, conduct tests, and take photographs or video footage relevant to suspected contraventions. They may also investigate additional breaches identified during a visit, where those breaches affect workers who are members, or eligible to be members, of the union.
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Access to information: Confidential WHS information, previously accessible only to regulators, may now be provided to HSRs and union officials in certain circumstances.
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Review rights: Unions representing affected workers may apply for review of a wide range of WHS decisions, including those relating to HSR training, PINs, improvement notices, asbestos notices, non-disturbance notices and cancellation notices.
Collectively, these changes embed unions more deeply into WHS compliance and enforcement processes.
Extended Limitation Periods for Prosecutions
Courts now have discretion to extend the limitation period for commencing WHS prosecutions where satisfied that it is in the interests of justice. Previously, proceedings generally had to be commenced within two years of the matter first coming to SafeWork NSW’s attention. The amended Act introduces the possibility of prosecutions being brought many years after an incident, significantly increasing long-tail liability for businesses.
Implications for Employers
The reforms materially increase both compliance obligations and enforcement exposure for PCBUs. Employers must ensure robust internal processes are in place to identify, escalate and report PINs promptly. Managers and supervisors need clear training on these obligations to avoid inadvertent breaches. Expanded union powers mean greater external scrutiny and a higher likelihood of union-led prosecutions or civil penalty proceedings. The extension of prosecution timeframes also requires businesses to strengthen record-keeping and retention practices, as historical incidents may resurface long after they occur. In practical terms, employers should be reviewing and reinforcing their WHS systems, consultation arrangements, training programs and compliance monitoring frameworks to mitigate these heightened risks.
Key Takeaways
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NSW WHS reforms significantly increase compliance and enforcement risk for employers.
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Codes of Practice are now mandatory unless a higher safety standard is proven.
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All PINs issued from 13 October 2025 must be reported to SafeWork NSW.
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Unions have expanded powers to prosecute and seek civil penalties.
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WHS site entry and evidence-gathering powers have been broadened.
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Unions and HSRs may access certain confidential WHS information.
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Prosecution time limits can now be extended, increasing long-term liability.
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Employers should urgently review and strengthen WHS systems and training.
If you need a WHS review after considering these changes, get in contact with Kylie Maxwell of our office.