Effective date: 18 February 2026
This update introduces significant changes by expanding the powers of Work Health and Safety (WHS) entry permit holders to include access to digital work systems for investigating suspected contraventions. A new framework mandates the regulator to develop and publish guidelines for this digital access, with a phased application ensuring the power only commences once these guidelines are in place. The primary intent is to enhance WHS oversight in the digital realm, requiring businesses to prepare for new procedural and technical requirements for digital information access.
This update primarily impacts persons conducting a business or undertaking, WHS entry permit holders, and the regulator (SafeWork NSW), with indirect effects on workers through enhanced oversight.
Section 118(1)(a1) introduces a new power for WHS entry permit holders to require reasonable assistance to access and inspect digital work systems directly relevant to suspected contraventions of the Act. This expands the scope of WHS inspections beyond physical workplaces to include digital infrastructure and information. The legal implication is a broader reach for regulatory oversight, requiring businesses to ensure their digital records and systems are prepared for potential inspection. The practical consequence is the need for businesses to develop internal procedures and potentially technical capabilities to facilitate such access.
Section 118(2A) specifies that the exercise of the new digital access power is subject to a notice period of at least 48 hours but not more than 14 days before entry. Crucially, this power can only be exercised in accordance with guidelines issued by the regulator under Section 118A. This means that while the power is new, its application is not immediate or unfettered, providing a structured approach to its implementation. Businesses must understand these notice periods and integrate them into their WHS response protocols.
Section 118A is a new section mandating the regulator to issue and publish guidelines concerning the exercise of the digital work system access power. These guidelines must be developed through public consultation, allowing stakeholders to provide feedback. This ensures that the practical application of the new power is informed by industry input. The legal implication is that the specific operational details and boundaries of digital access will be defined by these guidelines....
