NSW’s new Digital Work Systems Bill has passed in a tight vote, creating fresh compliance pressures and uncertainty for HR leaders
New South Wales Parliament has passed the Work Health and Safety Amendment (Digital Work Systems) Bill, in a closely contested vote that has major implications for HR and WHS leaders across the state.
The Bill, which was approved 20 votes to 17, introduces a new “Digital Work System Duty” aimed at ensuring algorithms, AI tools and digital platforms used to allocate, monitor or pace work do not jeopardise worker safety.
However, the Australian Institute of Health and Safety (AIHS) has warned the laws are fundamentally misdirected – and could increase compliance burden for employers without meaningfully improving safety outcomes.
At its core, the Bill seeks to modernise NSW work health and safety (WHS) laws for technology-enabled workplaces by requiring employers to assess and manage risks associated with digital systems that influence how work is organised.
These systems might include AI-driven scheduling and rostering platforms, logistics optimisation tools, automated performance monitoring dashboards, and digital workflows in clinical or customer service environments.
The intent, on paper, is to ensure that when digital tools affect workload, pacing, supervision or autonomy, employers have a legal obligation to consider and control the resulting health and safety risks – including psychosocial risks such as...
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