It is critical that businesses in NSW get across the major changes to the Work Health and Safety Act 2011 that commenced on 13 October 2025. These changes include:
- a new obligation on business to provide a copy of any provisional improvement notice (PIN) to SafeWork NSW
- the extension of numerous rights to unions
- the ability to extend the limitation period to commence a prosecution
- the Industrial Relations Commission of NSW (IRC) now has standing to deal with WHS disputes
- new reporting obligations for SafeWork NSW in relation to “psychosocial matters”
These changes are significant for businesses in NSW, especially those that have health and safety representatives (HSRs) or a strong union presence.
This article sets out what businesses operating in NSW need to know about this new law.
1. New obligation: A copy of the PIN must go to SafeWork NSW
Businesses must now provide a copy of any PIN issued by a HSR to SafeWork NSW as soon as practicable. This new obligation applies to all PINs issued from 13 October 2025. It does not matter if you do not wish to appeal or challenge the PIN: a copy must still be provided to SafeWork NSW.
Failure to provide a copy of a PIN to SafeWork NSW currently attracts a maximum fine of $6,165.50.
For avoidance of doubt, this new obligation does not apply to PINs issued prior to 13 October 2025.
2. Increased union rights
A significant number of the changes to the WHS Act concern the extension of rights to unions in NSW. The extended rights include:
- The ability for a union to commence proceedings for any offence (subject to providing SafeWork NSW the opportunity to pursue the prosecution). Previously, this right did not apply to category 3 offences, which is a broad category that concerns the failure of a person to comply with a duty under the WHS Act. This right is only available to unions that are “registered organisations”.
- The ability for a union to commence proceedings for a contravention of a “WHS civil penalty provision” under the WHS Act. Businesses can expect this new right to be exercised in relation to the contravention of provisions concerning WHS entry permits.
- For proceedings brought by a union, the Court may direct a portion of the fine or penalty be paid to the union.
- The rights of a WHS entry permit holder (i.e. a union official) have been extended to include a right to take measurements, conduct tests, and take photos and videos relevant to the suspected contravention the subject of the permit.
- The rights of the WHS entry permit holder may also be exercised in relation to another suspected contravention that the union official comes to suspect while at the workplace. The only condition on this extension is that the suspected contravention relates to or affects workers that are members of the union (or eligible to be members of the union).
- A union that represents a worker whose interests are affected by a decision can now also apply for the review of decisions concerning the following topics: HSR training, PINs, improvement notices, prohibited asbestos notices, non-disturbance notices, and cancellation notices.
3. Extension of limitation periods to commence proceedings
The limitation periods that apply to prosecutions under the WHS Act may now be extended with leave of the Court. This means that the passage of two years after the incident first comes to the notice of SafeWork NSW will not necessarily prevent either SafeWork NSW or a union from bringing proceedings against a business.
To secure an extension of time, the Court must be satisfied that the granting of leave is “in the interests of justice”. At first glance, that threshold does not appear to be a terribly high bar to meet.
4. New IRC jurisdiction
The IRC of NSW now has the power to deal with certain disputes under the WHS Act. These include disputes regarding work groups, HSRs, issue resolution and the cessation of work.
5. Regular psychosocial updates from SafeWork NSW
SafeWork NSW must now provide a report about psychosocial matters to the Minister for Work Health and Safety every six months. Those matters include:
- the number and types of complaints received by SafeWork NSW about psychosocial matters
- the number of notices issued by SafeWork NSW about psychosocial matters
- recommendations for improving psychological work health and safety
- recommendations for reducing psychological injuries
This information will be published on the SafeWork NSW website.
Need help?
If you require assistance in getting your business compliant with work health and safety law, get in touch on 1300 565 846 or email info@ablawyers.com.au.
