Legislation

Select the topic below for information and links to each piece of legislation.

Work health and safety
Explosives
Rural workers accommodation
Dangerous goods (road and rail transport)

We administer, provide advice and monitor and enforce compliance with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2017.

If you are an employer or business (or other PCBU) you must comply with these laws to ensure the health and safety of your workers.

The WHS legislation is supported by our prosecution guidelines, which supplements the National compliance and enforcement policy.

This information is general about the law only, and is not a statement of the law as it is applied to a particular problem or individual.

Seek legal advice if you need assistance on the application of the law to your situation.

We administer, provide advice and monitor and enforce compliance with the Explosives Act 2003 and the Explosives Regulation 2013.

If you manufacture, import, store, transport, supply, handle or use explosives and/or security sensitive dangerous substances you must comply with these laws to ensure the health and safety of your workers and other people.

The Work Health and Safety Act 2011 was amended to include provisions from the Rural Workers Accommodation Act 1969, which was repealed on 1 July 2019.

If you have workers who (due to the nature of the work) need to live for more than 24 hours at or near your agricultural or pastoral premises, you are required to provide suitable accommodation for them.

The Accommodation for rural agricultural work code of practice outlines the requirements regarding accommodation that you must provide.

Together with the NSW Environment and Protection Authority (EPA), we administer, provide advice and monitor and enforce compliance with the Dangerous Goods (Road and Rail Transport) Act 2008. and Dangerous Goods (Road and Rail Transport) Regulation 2014.

If you transport dangerous goods by road and rail, you must comply with these laws to ensure the health and safety of your workers and other people. The EPA is responsible for regulating the transport of dangerous goods and SafeWork NSW is responsible regulating activities in readiness for transport, including the packaging, labelling and correct classification of dangerous goods.

List of exemptions

The following exemptions have been granted under the legislation.

Changes to legislation

W e list amendmen ts, statutory reviews and other changes so you can see when, why and how the legislation changed.

Work Health and Safety Amendment (Crystalline Silica Substances) Regulation 2024

From 1 September 2024, the Work Health and Safety Amendment (Crystalline Silica Substances) Regulation 2024 (Amendment Regulation) makes amendments to the Work Health and Safety Regulation 2017 to provide for stronger regulation of the processing of materials containing crystalline silica across all industries, particularly in relation to processing that is assessed as high risk.

The Amendment Regulation gives effect to the Work Health and Safety Ministers' decision on 28 February 2023 for PCBUs undertaking a high-risk crystalline silica process to:

The Amendment Regulation also defines the terms ‘processing’ and ‘controlled processing’ in relation to a crystalline silica substance and prohibits PCBUs from carrying out, directing, or allowing a worker to carry out or process a crystalline silica substance unless the processing is controlled.

Further information about the Amendment regulations can be found on SafeWork NSW's Crystalline Silica page and the Safe Work Australia website.

Explosives Reforms 2024

Explosives Amendment Act 2023

From 1 September 2024, the Explosives Amendment Act 2023 (the Amendment Act) will commence.

The Amendment Act transfers a number of provisions of the regulatory framework from the Regulation into the Act, including processes for the registration of explosives, licence applications, security clearances and exemptions.

Further, the Amendment Act implemented the final recommendations of the 2019 Statutory Review of the Act. This included:

Explosives Regulation 2024

The Explosive Regulation 2024 (the Regulation) remakes the Explosives Regulation 2013, which was repealed on 1 September under the Subordinate Legislation Act 1989. The Regulation implements a number of changes to modernise and improve the legislation, and makes consequential amendments to the structure, format and phrasing of the Regulation as a result of the Explosives Amendment Act 2023.

The key changes within the Regulation include:

The Regulation commenced on 1 September, with the exception of those prescribed as starting at a later time.

The Amendment Act, Act and Regulation are available on the NSW Legislation website.

Increases to penalty provisions from 1 July 2024 - Work Health and Safety Amendment Act 2023

Increase to penalty provisions – Work Health and Safety Amendment (Review) Act 2020

Schedule 2 – Consequential amendments to the WHS Act

Fee unit amount calculated under this section— (s242B of the WHS Act)

Financial yearFee unit amount
2019 - 2020$100.00
2020 - 2021$102.00
2021 - 2022$102.95
2022 - 2023$107.47
2023 - 2024$115.29

Increase to penalty provisions – Work Health and Safety Amendment Act 2023

Financial yearFee unit amount
2024 - 2025$120.42

Fee unit amount calculated under this section— (s242B of the WHS Act)

Work Health and Safety Act

Sections

Previous penalty amount
(2012 - June 2020)

Penalty units

(WHS Amendment (Review) Act 2020)

(June 2020 – 30 June 2024

Penalty for FY 23/24

Penalty unit value: $115.29

(Sydney CPI)

New Penalty Unit (increase)

WHS Amendment Act 2023

Commence 1 July 2024

Penalty for FY 24/25

Penalty unit value:

$120.42

(Australian CPI)

31(1) – individual and

(imprisonment 5 years)

(imprisonment 10 years)

31(1) – Individual as a PCBU or officer of a PCBU

(imprisonment 5 years)

(imprisonment 10 years)

31(1) – Body corporate

32 – PCBU or officer of PCBU

32 – body corporate

33 – individual as a PCBU or officer of a PCBU

33 – body corporate

38(1), 39(1), 52(5), 56(2), 61(4), 70(1) and (2), 71(2), 72(7), 79(1), (3), and (4), 155(5), 165(2), 171(6), 177(2) and (6), 185(4), 188, 189, 268 (1) and (2), and 271 (2) and (4)

Section 38(7),75(1), 97(1) & (2), 210 and 273

Sections 41, 99(2), 193, 200(1), 219, and 242(1)

Sections 42-46 and 47(1)

Sections 53, 57 and 74(1)

104(1), 107, 108(1), 109(1), 197

118(3), 124-126, 128, 129, 143, 144(1), 145, 146, 147(1) and 148

Individual – WHS civil penalty provision

WHS civil penalty provision

Individual – 2 years imprisonment

Commenced 24 April 2024

*These provisions were newly introduced by the Work Health and Safety Amendment (Review) Act 2020.

Schedule 2 – Amendment of WHS Regulation 2017

Clauses

Previous penalty amount
(2012 - June 2020)

Penalty units

(WHS Amendment (Review) Act 2020)

(June 2020 – 30 June 2024

Penalty for FY 23/24

Penalty unit value: $115.29

(Sydney CPI)

New Penalty Unit (increase)

WHS Amendment Act 2023

Commence
1 July 2024

Penalty for FY 24/25

Penalty unit value:

$120.42

(Australian CPI)

Clauses 19, 22, 46, 47, 50(3), 66(2) and (5), 68, 70, 77(5), 85(1)–(3), 149, 150(1) and (2), 151, 162(4), 165(1), 176(2), 182(4), 184B, 184C, 184K, 187, 188, 195, 196, 198, 200, 213, 224, 235, 236, 239, 253, 254, 294–296, 298, 301, 302, 303(3), 304(2)–(4), 308, 310, 311, 312, 313(3), 316, 317, 327, 336–338, 344(3), (5) and (6), 346(3), 347(3), 369, 371(2), 372, 373, 385, 387, 388, 398(2), 401, 403, 409, 410, 415(2), 425–428, 429(5), 430, 432(5), 433, 438, 439, 446, 448, 451(5), 454, 455, 464(3), 465, 466, 482(3), 529, 547, 548, 551, 553, 555(5), 557(8), 560, 562, 563, 567(4), 570 and 576

Clauses 39–45, 48, 49, 50(1), 53, 55, 57–59, 61, 64, 65, 67, 69, 71–75, 76(1), 78–80, 84, 142B, 142C, 154–161, 163, 164, 166, 168, 177–179, 183, 184O, 184Q–184S, 189–194, 197, 199, 201, 202, 204–212, 215, 216, 218, 219, 222, 223, 225, 231–234, 238, 240, 241, 299, 300, 306, 309, 314, 329–335, 339, 340(1) and (2), 341–343, 344(1), 345, 346(1), 347(1), 348–350, 352–363, 365–368, 370, 371(1), 374–377, 379, 389, 391(2), 395–397, 398(1), 399, 400, 402, 405–408, 411–414, 415(1), 416, 417, 419, 420, 422, 424, 429(2) and (3), 432(2) and (3), 434–437, 440–443, 445(1), 449, 450, 451(2) and (3), 452, 453, 456–460, 462, 463, 464(1), 467–477, 479–481, 482(1) and (2), 483, 484, 536, 554, 555(1) and (4), 556, 557(1) and (5)–(7), 558, 559, 564–566, 567(1)–(3), 568, 569, 571, 572(1) and 573–575

Clauses 50(2), 66(3), 76(2), 77(2)–(4), 85(4), 94, 96–98, 111, 124–127, 139, 142, 142E, 143I–143K, 143P, 143Q, 143ZD, 150(3), 162(2), (3) and (5), 165(2), 170, 175, 176(3), 180, 181, 182(2), (3) and (5), 184J, 184T, 184U, 226, 228–230, 237, 242, 260, 262, 273, 275, 282, 287, 288, 288D, 303(1), (2) and (4), 304(5), 313(1), (2) and (4), 326, 340(3) and (4), 364, 378, 390, 391(3), 404, 418, 423, 444, 445(3) and (4), 461, 505–507, 512, 513, 525, 572(4), 587, 588, 593, 594

Work Health and Safety Amendment (Notification of Silicosis cases and Deaths) Regulation 2024

The Work Health and Safety (Notification of Silicosis cases and Deaths) Regulation 2024 amends the Work Health and Safety Regulation 2017 to support the commencement of the National Occupational Respiratory Disease Registry (NORDR). This amendment simplifies the process for notification of silicosis and silicosis related deaths, in line with the National Occupational Respiratory Disease Registry Act 2023.

The National Occupational Respiratory Disease Registry Act 2023 (Commonwealth), requires respiratory and occupational physicians to notify the NORDR of all diagnoses of silicosis and silicosis deaths. The NORDR will ensure a national consistent reporting of silicosis diagnoses.

This change in legislation ensures there is consistent tracking and tracing of occupational respiratory diseases across Australia through a national registry. The legislation supports the reduction of preventable occupational respiratory diseases.

Work health and Safety Amendment (Engineered Stone) Regulation 2024

From 1 July 2024, the Work Health and Safety Amendment (Engineered Stone) Regulation 2024 (the Amendment Regulation) makes several amendments to the Work Health and Safety Regulation 2017 (the Regulation).

The Amendment Regulation gives effect to the Work Health and Safety Ministers' decision on 13 December 2023 to implement a ban on the use, supply and manufacture of engineered stone benchtops, panels and slabs, with limited exceptions.

The Amendment Regulation includes the following provisions:

Further information about the ban on engineered stone can be found on SafeWork NSW's Engineered stone ban page, and the Safe Work Australia website.

Work Health and Safety Amendment (Penalty Notices) Regulation 2024

From 1 July 2024, the Work Health and Safety Amendment (Penalty Notices) Regulation 2024 (Amendment Regulation) makes amendments to the Work Health and Safety Regulation 2017 to provide for 88 new penalty notices to be issued for existing offences in the Regulation and further increases all existing penalty notice amounts by 24 per cent.

The Amendment Regulation amends Schedule 18A of the WHS Regulation to enable penalty notices to be issued for offences under the following clauses:

These changes will provide SafeWork NSW inspectors with more compliance tools, enabling them to be able to issue a penalty notice for certain offences.

Penalty notices are generally issued where a sanction is warranted for a breach, but the nature of the beach does not necessarily warrant prosecution.

Work Health and Safety Amendment (Industrial Manslaughter) Act 2024

The Work Health and Safety Amendment (Industrial Manslaughter) Act 2024 (Amendment Act) passed the NSW Parliament on 20 June 2024 and was assented to on 24 June 2024.

The Amendment Act creates an offence of industrial manslaughter and provides for matters relating to gross negligence. It also makes consequential amendments to the Industrial Relations Amendment Act 2023.

The Amendment Act introduces an industrial manslaughter offence in NSW, with the maximum penalties of $20 million for a body corporate and 25 years imprisonment for an individual.
Persons conducting a business or undertaking (PCBUs) and officers of PCBUs will commit industrial manslaughter when they engage in grossly negligent conduct that breaches their work health and safety duties they owe an individual and cause the death of that individual. These new laws do not impose additional work health and safety duties.

The introduction of this offence represents not just a significant deterrent in unsafe workplace behaviour but also holds those liable who are guilty of the most serious of WHS breaches.

The legislation was developed following extensive consultation. An 18-month review period has been scheduled following the law's commencement.

The provisions which relate to NSW implementing further model WHS Act provisions regarding gross negligence; and consequential amendments to the Industrial Relations Amendment Act 2023, in Schedule 1[5] – [8] and 2 of the Amendment Act, commenced on 24 June 2024.

The remainder of the Amendment Act, including the industrial manslaughter provisions, will commence on a day to be appointed by proclamation.

Work Health and Safety Amendment Act 2023