WHS Law Reform - How the 2025 Workplace Protections Bill Could Impact Your Business in NSW - A PCBU’s Quick Guide

The NSW Government has introduced the Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025, marking one of the most substantial reforms to workplace health and safety (WHS) and employment protections in recent years.

As at the time of writing, Schedule 3, which contains the proposed amendments to the WHS Act 2011 (NSW), has not yet been proclaimed (formally announced and given a start date by the NSW Government).

For Persons Conducting a Business or Undertaking (PCBUs), these changes are more than just regulatory updates, they signal a new era of accountability, transparency, and information sharing between agencies.

Codes of Practice now a legal baseline

What changed — If the Minister approves a Code of Practice, a PCBU must either comply with it or use different controls that deliver an equivalent or higher standard of health and safety.

Why it matters — Codes are no longer “nice to follow” they’re a legal benchmark.

Your next step — Gap check your risk controls against every applicable Code (existing and incoming) and document where you meet or exceed the Code.

Provisional Improvement Notices (PINs) mandatory notification to SafeWork

What changed — When an HSR issues a PIN to your business, you must give a copy to the regulator as soon as practicable.

Why it matters — Delayed or missed notifications now create direct liability.

Your next step — Include “notify SafeWork of any PIN” into incident/HSR workflows and train site leaders.

WHS disputes can go to the Industrial Relations Commission

What changed — WHS disputes (e.g., work group negotiations, HSR training/access, cessation of work) can be noticed to the Industrial Registrar, published on the IR website, and dealt with by the IRC via mediation/conciliation/arbitration. If a dispute is lodged (and not about an immediate hazard), inspectors must stop assisting unless otherwise ordered. The IRC may make orders for prompt settlement, with civil penalties for contravention.

Why it matters — Resolution can move quickly outside inspector pathways, with enforceable outcomes.

Your next step — Build an internal “WHS dispute process” (who lodges, who responds, documents to prepare) and brief officers on the new pathway.

Union Entry powers stronger evidence gathering

What changed — WHS entry permit holders may take measurements, tests, photos and videos directly relevant to suspected contraventions and may exercise functions for other suspected contraventions they reasonably identify while on site.

Why it matters — Expect more robust evidence capture during site visits.

Your next step — Make sure supervisors understand lawful right of entry, cooperate professionally, and keep your own contemporaneous records.

Reviews and prosecutions greater participation by registered organisations

What changed — Registered organisations (unions) are added as eligible parties for reviewing certain decisions, they can bring WHS prosecutions if the regulator declines (with notice back to them if the regulator proceeds) and may receive a portion of fines, civil penalty proceedings may be brought by the regulator, an authorised inspector, or a registered organisation, courts can direct where monetary penalties are paid.

Why it matters — Third-party enforcement becomes more active, matters may progress even if SafeWork does not prosecute.

Your next step — Treat notices and improvement activities as if multiple parties will review them, close out actions with strong evidence.

Confidentiality and controlled disclosure

What changed — The Act clarifies who can receive information (e.g., registered organisations, employer organisations, HSRs) and requires that disclosures not prejudice ongoing compliance actions.

Why it matters — You may see broader, but still controlled, circulation of case information.

Your next step — Assume documents may be shared, write and file with accuracy and context.

Information Sharing Single and multi-agency exchange

What changed — SafeWork NSW can enter information sharing arrangements with law enforcement and other government agencies (in NSW, interstate, Commonwealth or overseas) for investigations, licensing, authorisations, notifiable incidents, dispute resolution, and broader WHS monitoring. A multi-party framework enables sharing among regulatory agencies for enforcement, compliance monitoring, complaints/disputes, and licensing/accreditation. These disclosures are authorised despite other Acts, to the extent reasonably necessary for each agency’s functions.

Why it matters — WHS performance and interventions may now influence other critical business approvals (licences, registrations, accreditation) because agencies can legally exchange relevant information.

Your next step — Map your critical licences/accreditations and treat WHS compliance as a “whole of regulation” risk (safety issues can now have broader consequences).

Psychosocial reporting twice-yearly transparency

What changed — SafeWork NSW must report to the Minister every six months on psychosocial complaints and notices in government and private sectors, publishable on the website.

Why it matters — Expect elevated visibility and policy focus on psychosocial risks.

Your next step — Strengthen controls around workload, aggression/violence, bullying, role clarity, consultation and support, document all actions.

What this all means for PCBUs (high level)

• Codes set the benchmark — Treat Codes of Practice as mandatory standards or exceed them with documented equivalence.

• Faster, broader scrutiny — Disputes can go straight to the IRC, unions have more levers, information can be shared across agencies, including licensing bodies.

• Documentation is your shield — PIN notifications, dispute responses, psychosocial controls, and evidence of consultation/training must be timely and thorough.

Now is the time to act

With the Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025 set to reshape NSW’s WHS and industrial relations landscape, PCBUs cannot afford to wait.

Review your safety systems, dispute processes, licensing dependencies, and psychosocial controls against the new requirements. Ensure your officers and leaders understand their expanded obligations and that your organisation is audit ready before the legislation takes effect.

Contact Lane Safety Systems today to arrange a confidential compliance readiness assessment and safeguard your operations against the broader scrutiny, faster enforcement, and higher stakes this Bill will bring.