Managing Psychosocial Hazards in New South Wales: Compliance Guide

Legislative framework

How this differs from other jurisdictions

NSW explicitly mandates the hierarchy of controls for psychosocial risks under its 2025 Regulation, aligning it with QLD and the Commonwealth. It now goes further than most other jurisdictions too: since 1 July 2026, NSW is the only state where compliance with the psychosocial Code of Practice is itself a standalone enforceable duty under section 26A, rather than persuasive evidence of meeting a broader duty. See our Australian comparison page for context.

What inspectors look for in New South Wales

SafeWork NSW has shifted from education to compliance. Inspectors expect to see evidence of active risk management, looking closely at how investigations and internal issues (like 'poor organisational justice') are handled. Since the Code of Practice became independently enforceable in July 2026, a documented gap against the Code is now grounds for a notice on its own, separate from proving a breach of the underlying WHS duty.

Digital work systems and monitoring technology

A new section 21A of the WHS Act creates specific employer duties around digital work systems, covering monitoring technology used on workers and requiring employers to manage union representative access when investigating suspected breaches. Organisations using productivity trackers, keystroke monitoring, or similar systems should treat this as a live psychosocial hazard to manage, not just a privacy question to file away.

How PsychProof maps to New South Wales obligations

PsychProof cites the Work Health and Safety Regulation 2025 (NSW) and reflects the Code of Practice's enforceable status. It provides SafeWork NSW inspectors with clear, time-stamped evidence of how risks, including digital monitoring hazards, are managed using the hierarchy of controls.