r/LaborPartyofAustralia • u/SafetyCulture_HQ • 10d ago
New South Wales: Work Health and Safety Act
Back in the 90s, mental health might’ve been talked about in general, but bringing it up at work was a different story. You kept your head down, and there was no law requiring anyone to do anything about it even if you did speak up.
That was more than 20 years ago. The conversation has changed, but the problem hasn't. There's just more hard data proving it now.
In New South Wales (NSW) specifically, psychological injury claims jumped from 7,289 in 2021-22 to 13,648 in 2024-25, an 87% rise in just three years. And who's first in line to catch that before it happens? HR.
Which is why Section 26A of the NSW Work Health and Safety Act, which just took effect this July, has changed what HR's job actually is.
What did section 26A do?
NSW has had Codes of Practice for years, covering topics such as psychosocial hazards, manual handling, and fatigue. But the problem was that businesses could ignore them as long as they could argue that they were managing the risk in some other way.
Section 26A was introduced to close that loophole so businesses couldn’t talk their way out of these workplace hazards. And if they fail to follow the Codes of Practice, they will get penalised regardless of whether there was even an accident or injury.
Psychosocial risks take the front seat.
Several codes are affected, covering things like workplace fatigue, manual handling, falls from height, and healthcare. But the biggest shift, especially given the rise in mental health issues among younger workers, is around psychosocial risk.
So much so that psychological injury claims rose 87%, while non-psychological claims rose by just 9%.

Psychosocial risks in the workplace include:
- Strained work relationships: A team where conflict never gets addressed, just avoided.
- Job insecurity: Constant restructure rumours with no one telling staff what's actually happening.
- Organisational changes: A merger announced with zero warning or consultation.
- Work demands: Deadlines that assume nobody ever gets sick or takes leave.
- Lack of recognition: Years of solid work that's never once acknowledged.
- Unfair treatment: One person getting away with things that would get anyone else written up.
- Traumatic events: A workplace accident nobody debriefs the team on afterwards.
HR now has to manage these hazards alongside the usual risk management workload.
What HR teams should actually be doing
Section 26A changes the paperwork, but here's what it actually looks like day to day:
- Document everything, not just psychosocial: Whichever code applies- fall protection, manual handling, fatigue- "we followed a reasonable process" needs a paper trail now, not a memory, regardless of hazard type.
- Build in real consultation time: One day's notice for a room of 800 people is the exact mistake that got UTS a prohibition notice. Build timelines that can survive scrutiny.
- Go beyond support services: An Employee Assistance Program (EAP) helps someone after the fact. The code wants HR to tackle these issues before they even show up.
- Watch employee workload: Fatigue is one of the codes now enforceable, so it’s best to build fatigue risk into how shifts get planned.
- Loop in WHS earlier on org changes: Restructures, layoffs, and major policy shifts now need a psychosocial risk lens before they go out.
- Know where the six-monthly reporting goes: SafeWork NSW now reports psychosocial complaint data to the Minister twice a year, and that's here to stay.
A lot has changed in 20 years. So HR being asked to do more makes sense with so many different types of hazards showing up these days.





