# Work Health and Safety Amendment (Digital Work Systems) Act 2026 (NSW) (Act No 5 of 2026)

- **Record type**: Policy instrument
- **Jurisdiction**: New South Wales (Australia)
- **Instrument type**: Act / statute
- **Status**: Partially applicable
- **Binding**: Yes
- **Issuing body**: Parliament of New South Wales
- **Adopted**: 2026-02-18

## 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.

## Summary

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.

## Scope

Persons conducting a business or undertaking in New South Wales.

## Who it applies to

NSW employers and other businesses or undertakings that use digital work systems.

## Key dates

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.

## Notes on dates

The commencement of the main duties was not confirmed.

## Provenance

- **Permanent id**: AIPT-POL-0014 (https://aipolicytracker.org/id/AIPT-POL-0014; never changes or gets reused)
- **Record page**: https://aipolicytracker.org/policies/au-nsw-whs-amendment-digital-work-systems-act-2026
- **Official source**: https://legislation.nsw.gov.au/view/html/inforce/current/act-2026-005
- **Source document**: Work Health and Safety Amendment (Digital Work Systems) Act 2026 No 5
- **Published by**: NSW Legislation
- **Review status**: pending review
- **Confidence**: medium
- **Facts last confirmed**: never confirmed against the official source
- **Retrieved**: 2026-10-27
- **Licence**: https://creativecommons.org/licenses/by/4.0/
- **Cite as**: AIPolicyTracker (2026). "Work Health and Safety Amendment (Digital Work Systems) Act 2026 (NSW) (Act No 5 of 2026)" [AIPT-POL-0014, record version 1, not yet verified]. https://aipolicytracker.org/id/AIPT-POL-0014 (accessed 27 October 2026).

> This record is a structured summary with a link to the official text. It is not legal advice. Open the official source before relying on any date or duty. How current each record type must be is published at https://aipolicytracker.org/verification; what a record must carry at all is published at https://aipolicytracker.org/coverage.