NSW Codes of Practice: 2026 NSW WHS Regulatory Updates

1. Updated Count: Approved Codes of Practice

As of April 2026, there are over 40 approved Codes of Practice in New South Wales. This increase follows the conclusion of SafeWork NSW’s multi-year review and the introduction of critical new standards, including:

• Managing the Risk of Fatigue at Work (Feb 2026)

• Healthcare and Social Assistance Industry (Feb 2026)

• Managing Risks of Respirable Crystalline Silica in the Workplace (Feb 2026)

• Sexual and Gender-Based Harassment (June 2024)

2. The Status of "Pre-WHS" Codes

It is a common misconception that all codes developed before the Work Health and Safety Act 2011 are invalid.

• Active Pre-WHS Codes: A small selection of "Pre-WHS" codes remain legally current and may still be used to meet WHS requirements. These cover niche areas where a modern Model Code has not yet been adopted (e.g., Tunnels under construction, Cash in transit, and Accommodation for rural agricultural work).

• The Review Outcome: SafeWork NSW recently reviewed 20 of these legacy codes. Some were revoked (such as the Technical guidance code in July 2025), while others were transitioned into new 2026 versions.

• Legal Standing: If a pre-WHS code is still listed on the SafeWork NSW "current" register, it remains a valid defense in court to demonstrate what is "reasonably practicable."

3. Key Compliance Milestone: 1 July 2026

Effective 1 July 2026, the legal weight of all approved Codes of Practice increases. Under the new "duty to comply," a PCBU must follow an approved code or be able to prove they have implemented a safety standard that is equivalent to or higher than the code’s requirements. Simply "considering" the code is no longer sufficient for compliance.

4. Transition to WHS Regulation 2025

All training materials should now reference the Work Health and Safety Regulation 2025, which replaced the 2017 Regulation. This new regulation includes updated standards for high-risk work, silica registry requirements, and mandatory psychosocial reporting for large PCBUs.

Summary Table: NSW Code Categories (April 2026)

Category	Status	Compliance Requirement
WHS Codes	Current	Mandatory from 1 July 2026 (unless higher standard met).
Pre-WHS Codes	Selective	Valid only if still listed as "current" by SafeWork NSW.
Guidance Material	Informational	Does not have the same legal "presumptive" weight as a Code.

For more information on WHS training or WHS compliance services, or if you would like help to make your WHS management system even more robust, please feel free to contact us at train@courtenell.com.au or phone us on 02 9552 2066.

Weekly WHS Article 16th June 2022. Revised April 1, 2026