NSW digital work systems act 2026: requirements, deadlines and compliance actions
Work Health and Safety Amendment (Digital Work Systems) Act 2026 (NSW) (Act No 5 of 2026)
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- Source-linked
- — linked to the official source, not yet confirmed by a reviewer.
On this page 7 sections
In brief
The NSW digital work systems act 2026 is a binding act of New South Wales (Australia), issued by the Parliament of New South Wales. Its current status is partially applicable. Persons conducting a business or undertaking in New South Wales.
- Jurisdiction
- New South Wales (Australia)
- Instrument type
- Act / statute
- Status
- Partially applicable
- Legal force
- Binding
- Issuing body
- Parliament of New South Wales
- Adopted
- 18 February 2026
- Verification
- Pending review · source-linked, checked 15 Oct 2026
What is the NSW digital work systems act 2026?
Makes it a primary duty of a person conducting a business or undertaking to ensure that workers' health and safety is not put at risk by "digital work systems" (an algorithm, AI, automation or online platform), and lets WHS entry-permit holders ask to inspect those systems.
Status note: Recorded on 15 October 2026 from search-engine extracts of the official pages listed; the official text could not be opened from the research environment, so every date and duty here is pending review against it.
Who does it apply to?
Persons conducting a business or undertaking in New South Wales.
NSW employers and other businesses or undertakings that use digital work systems.
- Sectors
- Employment and HR
- AI use cases
- AI in hiring and employment
- Risk categories
- High-risk
- AI system types
- Automated decision-making system
When do the requirements apply?
Passed 12 February 2026; assented 18 February 2026. Only some provisions commenced on assent; the rest commence on dates to be announced, mostly no earlier than a month after SafeWork NSW publishes guidelines.
The commencement of the main duties was not confirmed.
Official sources
-
Work Health and Safety Amendment (Digital Work Systems) Act 2026 No 5
NSW Legislation · 18 Feb 2026 · Tier 1 source
-
Bill details: Work Health and Safety Amendment (Digital Work Systems) Bill 2026
Parliament of New South Wales · Tier 1 source
Cite this record
AIPolicyTracker (2026). “NSW digital work systems act 2026” [AIPT-POL-0014, record version 1, not yet verified]. https://aipolicytracker.org/id/AIPT-POL-0014 (accessed 27 October 2026). Data licensed CC BY 4.0.
Permanent id AIPT-POL-0014: it never changes or gets reused, and its address keeps working if this page moves.
Cite the official text alongside it: Work Health and Safety Amendment (Digital Work Systems) Act 2026 No 5, NSW Legislation, https://legislation.nsw.gov.au/view/html/inforce/current/act-2026-005.
BibTeX
@misc{aipolicytracker2026_nswdigitalworksystemsact,
author = {{AIPolicyTracker}},
title = {{NSW digital work systems act 2026}},
year = {2026},
howpublished = {\url{https://aipolicytracker.org/policies/au-nsw-whs-amendment-digital-work-systems-act-2026}},
url = {https://aipolicytracker.org/policies/au-nsw-whs-amendment-digital-work-systems-act-2026},
urldate = {2026-10-27},
note = {Data licensed CC BY 4.0. Accessed 27 October 2026}
}
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Markdown
[](https://aipolicytracker.org/id/AIPT-POL-0014)HTML
<a href="https://aipolicytracker.org/id/AIPT-POL-0014"><img src="https://aipolicytracker.org/badges/au-nsw-whs-amendment-digital-work-systems-act-2026.svg" alt="AIPolicyTracker: Work Health and Safety Amendment (Digital Work Systems) Act 2026 (NSW) (Act No 5 of 2026), Partially applicable · pending review" height="20"></a>Change history
Record history
No change to this record's tracked fields has been recorded since 15 October 2026, when field-level history began.
Record version 1: Added in the October 2026 sub-national research round. Recorded on 15 October 2026 from search-engine extracts of the official pages listed; the official text could not be opened from the research environment, so every date and duty here is pending review against it. Every earlier wording is in the GitHub repository.
Frequently asked questions
Is the NSW digital work systems act 2026 in force?
In part. The NSW digital work systems act 2026 applies in stages; see the dates on this page for which provisions apply now.
Is the NSW digital work systems act 2026 legally binding?
Yes. The NSW digital work systems act 2026 is a binding act / statute; the obligations it creates are legal requirements for the actors it covers.
Who does the NSW digital work systems act 2026 apply to?
Persons conducting a business or undertaking in New South Wales.
When does the NSW digital work systems act 2026 apply?
Passed 12 February 2026; assented 18 February 2026. Only some provisions commenced on assent; the rest commence on dates to be announced, mostly no earlier than a month after SafeWork NSW publishes guidelines.
Where is the official text of the NSW digital work systems act 2026?
The official text is published by NSW Legislation at https://legislation.nsw.gov.au/view/html/inforce/current/act-2026-005 (Work Health and Safety Amendment (Digital Work Systems) Act 2026 No 5). This record links to it and is checked against it.
Disclaimer: informational only, not legal advice. Verify every claim against the linked official sources and consult a qualified lawyer before acting.