Following Safe Work Australia’s draft release (opens a new window) in July 2025, NSW has become the first state to formally adopt the Healthcare and Social Assistance Industry Code of Practice (opens a new window) (the Code).
The Code is approved under section 274 of the Work Health and Safety Act 2011 (NSW) and commenced on 20 February 2026.
For healthcare, aged care, disability support and social assistance providers, the Code sets clearer expectations for identifying, managing and reviewing health and safety risks in care environments, including both physical and psychosocial risks.
The Code as evidence of compliance
Under the NSW WHS framework, PCBUs have a duty to ensure, so far as is reasonably practicable, the health and safety of workers.
Compliance with an approved Code of Practice is a recognised means of meeting these obligations and may be relied upon by courts and regulators when determining what is reasonably practicable.
Inspectors may also reference the Code when issuing improvement or prohibition notices.
Where alternative approaches are adopted, organisations must be able to demonstrate that they provide an equivalent or higher level of health and safety.
Key health and safety obligations addressed by the Code
The Code reinforces the requirement to manage workplace hazards through a robust risk management process, including:
identifying hazards and assessing risks
using risk controls to eliminate or minimise risk
monitoring and reviewing the effectiveness of controls, and
genuine and thorough consultation at each stage of the process
The Code addresses common hazards and risks across the healthcare and social assistance sector and provides practical guidance, examples and case studies. These include:
hazardous manual tasks
fatigue
psychosocial hazards
work-related violence, aggression and harassment
biological hazards
hazardous chemicals
work environment hazards
slips, trips and falls
equipment hazards
vehicle hazards
electrical hazards
Regulatory expectations for the sector
With the introduction of the new Code, NSW employers should review their existing WHS risk management and consultation frameworks.
In particular, organisations should assess the effectiveness of current hazard identification processes and risk controls for the hazards outlined above to ensure minimum compliance expectations are met.
How Lockton can help
Lockton works with healthcare, aged care and social assistance organisations to support responses to evolving health and safety requirements, including the new NSW Healthcare and Social Assistance Industry Code of Practice.
Our specialists can assist with:
interpreting the practical application of the Code
reviewing existing WHS risk management arrangements
identifying gaps in controls, consultation and governance, and
supporting ongoing compliance and risk improvement.
If you would like to discuss the new NSW Code and its implications for your organisation, please don’t hesitate to get in touch.
The contents of this publication are provided for general information only. Lockton arranges the insurance and is not the insurer. While the content contributors have taken reasonable care in compiling the information presented, we do not warrant that the information is correct. The contents of this publication are not intended as a legal commentary or advice and should not be relied on in that way. It is not intended to be interpreted as advice on which you should rely and may not necessarily be suitable for you. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content in this publication.
