Updated for the WHS Amendment (Standalone Regulator) Bill 2025
New South Wales employers should prepare now for major changes in Work Health and Safety (WHS) regulation. With the NSW Parliament passing the WHS Amendment (Standalone Regulator) Bill 2025, enforcement activity is expected to rise significantly — and businesses across the state may face stricter penalties for non-compliance.
✔️ Why This Matters
From 1 July 2025, SafeWork NSW will no longer sit within the Department of Customer Service. Instead, a new, independent WHS regulator will be responsible for overseeing compliance with work health and safety laws. This change comes after increasing concerns that WHS enforcement in NSW lacked independence and focus, particularly following high-profile workplace incidents and coronial findings.
As a result, businesses should anticipate:
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More proactive inspections,
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A renewed focus on psychosocial risks, and
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Higher expectations for leadership accountability.
According to Safe Work Australia, regulators are placing growing emphasis on mental health, stress, bullying, and fatigue — not just physical safety.
🔹What NSW Employers Should Be Doing Now
To stay compliant under the new regulatory framework, NSW businesses should take the following actions:
1. Review Your WHS Systems and Documentation
Make sure your current WHS policies reflect the latest legislative changes. This includes identifying and managing risks under the Model WHS Laws, which NSW has adopted.
2. Update Risk Management Practices
Employers should now specifically address psychosocial hazards in their risk assessments. These include:
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High workloads or unreasonable job demands
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Poor leadership or lack of role clarity
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Exposure to aggression, harassment or bullying
3. Train Your Managers and Staff
Under the new approach, accountability will not rest solely with the business entity. Officers and directors may be held personally liable under WHS laws if they fail to exercise due diligence. Providing regular training on obligations is no longer optional — it’s essential.
4. Prepare for Audits and Spot Checks
The new regulator is expected to increase field inspections. Keep a record of your WHS systems, incident reporting procedures, and consultation processes with workers.
5. Engage WHS Legal Advice Early
WHS prosecutions and enforceable undertakings can be costly. Seeking early legal advice is the best way to mitigate legal risk and demonstrate compliance if the regulator comes knocking.
🔹 What’s Next?
The change to an independent WHS regulator in NSW mirrors recommendations from several coronial inquests and the 2018 Boland Review. The goal is to restore public confidence in workplace safety enforcement.
Employers who fail to act risk:
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On-the-spot fines or prosecution
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Increased workers’ compensation premiums
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Reputational damage
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Disruption from regulator-imposed orders
🔹 Useful Resources
Final Thoughts
This reform signals a new era for workplace safety in NSW. With the shift toward stronger enforcement and officer accountability, businesses must act now to ensure they’re compliant — not just to avoid penalties, but to foster safer, healthier workplaces.
If your business needs help understanding how these WHS changes impact your operations, our team at MCB Lawyers is here to assist.
📞 Contact us today to discuss how we can help protect your business and your people.
