NSW WHS Law Overhaul: What Business Owners and Managers Need to Know Now
New WHS legislation in NSW is changing the game for workplace safety – and if you’re a business owner or manager, it’s critical you understand what’s at stake.
The recently introduced Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025 ushers in some of the most significant changes to NSW workplace health and safety laws in years. These amendments carry serious implications for how businesses manage bullying, harassment, psychological injuries, and their legal obligations under the WHS Act.
Here’s what’s changing, and more importantly, what you need to do about it.
1. Damages for Workplace Bullying and Harassment – Up to $100,000
Victims of workplace bullying and sexual harassment in NSW can now be awarded damages of up to $100,000. Public sector and local government employees can also apply for anti-bullying and anti-harassment orders directly through the Industrial Relations Commission (IRC), creating a new, streamlined enforcement pathway.
Implication:
If bullying or harassment occurs under your watch, and you fail to address it, your business could face serious financial and reputational damage, even civil penalties of up to $93,900 for corporations and $18,870 for individuals.
Action Required:
Review your workplace conduct policies. Train your managers. Foster a culture of zero tolerance. Don’t wait until a claim is filed, act now to protect your people and your business.
2. Expanded Union Rights and Entry Powers
Unions can now more easily prosecute safety breaches if the regulator fails to act. Entry permit holders are empowered to gather evidence on-site, including air monitoring, photos, and video, especially for high-risk work like tunnelling and dust exposure.
Implication:
The risk of prosecution has increased. Union representatives now have broader investigative powers, and can escalate safety concerns to the IRC with more authority and fewer delays.
Action Required:
Ensure your site supervisors understand these new powers. Engage proactively with health and safety representatives if you have them in your business.
3. Limitation Period Loopholes Closed
Previously, employers could escape prosecution due to outdated limitation periods. The new legislation allows courts to accept WHS prosecutions beyond the old 2-year limit, especially in cases of long-latency illnesses like silicosis.
Implication:
Historical negligence can now come back to haunt your business. You’re no longer protected by the clock.
Action Required:
If you’ve previously received improvement notices, even years ago, you need to reassess your compliance now. There’s no safe window to ignore your WHS obligations.
4. Compliance with Codes of Practice is Now Law
It’s no longer optional. PCBUs (persons conducting a business or undertaking) must now comply with WHS Codes of Practice, unless they can prove they are exceeding those standards.
Implication:
You can’t cut corners or rely on ‘good enough.’ Non-compliance is now directly enforceable.
Action Required:
Benchmark your operations against all relevant WHS Codes. Need help? That’s where we come in.
Why This Matters Now
This isn’t just legal reform, it’s a wake-up call. NSW is signalling that safety, psychological wellbeing, and accountability are non-negotiable. Businesses that delay action will find themselves exposed, both financially and legally.
Act Now - Protect Your Business and Your People
At Anzen Safety and Training, we help businesses like yours cut through the complexity and build real-world WHS systems that work. From policy reviews to frontline training, we ensure you're not just compliant; you’re protected.
Need support understanding these changes or upgrading your WHS systems? Reach out to Anzen Safety and Training today.
Let’s make safety a competitive advantage.
Glen Dunkley - Director, Anzen Safety & Training
