The model WHS laws are changing
On 19 October 2026 Safe Work Australia published the final report of its Best Practice Review of the model WHS laws. It makes 21 recommendations to WHS ministers in it’s first full national review since 2018.
The recommendations are not law yet. Ministers must decide which to accept, and each state and territory must then pass its own changes. Separately, already-agreed amendments on incident notification are waiting for jurisdictions to adopt them.
The direction is clear, though: more focus on emerging risks, psychosocial risk and harmful behaviours. Organisations that prepare now will be ahead when the changes arrive.
What is proposed
From the Best Practice Review: 21 recommendations in 7 areas (proposed, not yet agreed)
Harmonisation (recs 1–3). Ministers would recommit to consistent laws across states and territories and consider local amendments nationally. A new National Compliance and Enforcement Policy would explain how the laws are enforced.
Duties (recs 4–7). The duty of care would expressly include managing risks from harmful workplace behaviours. The hierarchy of control would apply to all types of work and all risks, psychosocial included. Workers would receive a WHS Information Statement, and volunteer officers of strata and community title bodies would not be liable for officer duties.
Consultation (rec 8). New "best practice" provisions, including a right to cease unsafe work, a union right of entry, and stronger HSR entitlements and powers, such as expanded information gathering.
Compliance and enforcement (recs 9–14). Any person or organisation could prosecute WHS offences. Insurance or indemnities could not cover legal fees in a WHS prosecution. NDAs would be restricted where they compromise WHS rights or obligations. Courts could return alternative verdicts for industrial manslaughter and Category 1 and 2 offences, and internal review periods would extend from 14 to 21 days.
Codes of practice (recs 15–17). At present, an approved code of practice is evidence of what is reasonably practicable, but following it does not by itself prove you have met your duty. Under the proposal, if you comply with a code you would be taken to have met the relevant duty for the matters it covers. Industry codes with small business toolkits, and possible national codes, would follow.
Modernising the Regulations (rec 18). A project to update the model WHS Regulations for modern work, workplaces and emerging hazards.
Emerging risks (recs 19–21). National strategies on AI and digital technology, climate change and harmful behaviours. These could bring new regulations on extreme heat, air quality, vector-borne diseases, workplace violence and harassment, and access to facilities.
Already agreed or under way
Incident notification. Amendments to the model WHS Act add notification of violent incidents (including sexual and physical assault and credible threats), work-related suicides and suicide attempts, and absences of 15 or more consecutive days linked to a work-related physical or psychological injury. Serious falls and some further serious injuries are also added.
Dispute resolution. Safe Work Australia consulted until 17 April 2026 on a specialist tribunal and alternative dispute resolution for WHS disputes. Recommendations go to ministers next.
What this means for your organisation
Test your psychosocial controls. Check that they follow the hierarchy of control, with work design and systems first and policies and training last.
Get ready for broader incident notification. Update incident procedures and train managers to recognise notifiable violent incidents, suicides and extended absences, so you are ready when your jurisdiction adopts the changes.
Review how you handle harmful behaviours. Look at how you prevent, report and respond to violence, harassment and aggression, including from customers and clients.
Map your codes of practice. Record which approved codes you follow, and where and why you depart from them.
Brief your officers. Directors and executives should understand how these themes will shape due diligence expectations.
Have your say. If you work in retail, education, agriculture or construction, watch for consultation on the new industry codes.
What happens next
WHS ministers will now consider the 21 recommendations. Some, such as clarifying the hierarchy of control for psychosocial risks, could move quickly. Others, such as modernising the model Regulations and the AI and climate strategies, may take longer.
No change applies until your state or territory legislates it. Victoria has not adopted the model laws, so changes there depend on its own parliament. Check with your local regulator before changing your obligations.
Need help preparing? Shared Safety and Risk can review your psychosocial risk controls, incident procedures and officer due diligence against the proposed changes.
