On 16 June 2026, the Education and Workforce Select Committee reported back on the Health and Safety at Work Amendment Bill, recommending by majority that the Bill be passed with amendments.
Key amendments recommended by the Committee
- Commencement: most provisions would come into force on 1 November 2026, giving PCBUs certainty and lead-in time to review their Health and Safety (H&S) policies. Amendments allowing new deemed compliance with Approved Code of Practice (ACOPs) to be used in court would come into force the day after royal assent
- Purpose amended: the proposed purpose statement has been amended to expressly require PCBUs to prioritise the management of critical risks, not just the risks themselves
- Mental health is a critical risk: confirmation that harm to mental health can constitute a critical risk where it is likely to result in serious physical harm
- Small PCBUs s34 duty amended: s34 duty amended to clarify that small PCBUs are only required to cooperate on critical risks when sharing duties on the same matter with large PCBUs
- Recreational access exception for landowners: the recreational access exception has been clarified by replacing "connected to" the PCBU's business with "part of a business or undertaking conducted by the PCBU" when assessing if the exception applies
- ACOPs: new provisions introduced to align with enforcement provisions and people who develop ACOPs are required to give their draft to the regulator.
What this means for you
- Consider identifying critical risks in your operations and how they can be prioritised and controlled
- If you are a small PCBU, consider how these changes may affect your H&S assessments and practices
- Consider whether any ACOPs apply to your organisation or whether you could assist in developing new ones.
A more detailed update will follow shortly.
For more information, please contact a member of our employment team.
Co-authored by David Laxon (law clerk).
