The Work Health and Safety Amendment (Digital Work Systems) Act 2026 (NSW)

This amendment to the Work Health and Safety Act 2011 (NSW) explicitly requires employers to manage health and safety risks from digital work systems, including AI, algorithms, automation, and online platforms used for monitoring, task allocation, and performance tracking.

Key Risks Covered

It targets psychosocial hazards like anxiety from constant monitoring, excessive workloads from algorithmic scheduling, and job insecurity from automated decisions, as well as ergonomic issues in remote setups enabled by these tools.​

The Act applies broadly to modern technologies in NSW workplaces, including remote-work tools, building on the primary duty under section 19 to ensure safety so far as reasonably practicable.

Context and Scope

Passed by NSW Parliament in February 2026, it is the first state-specific legislation in Australia to spotlight these digital-related WHS risks, increasing scrutiny on gig economy platforms and AI-driven systems.

While national model WHS laws and Safe Work Australia guidance cover psychosocial hazards generally (e.g., remote work isolation), this NSW Act uniquely mandates coverage for digital systems and monitoring technologies.