Health & Safety at Work Reform Update: Key Changes Proposed in the 2026 Amendment Bill

The Government has introduced the Health and Safety at Work Amendment Bill (the Bill) to reform the Health and Safety at Work Act 2015 (HSWA) and associated legislation. The Bill aims to address industry and stakeholder concerns about complexity, clarity and compliance burden while reinforcing the system’s focus on preventing serious harm.

Refocusing on Critical Risks

A central feature of the Bill is a shift from a broad risk-management model to one that prioritises “critical risks”. Under the proposed reforms, critical risks include both risks associated with the hazards identified in the new Schedule 1A, and hazards likely to result in death, a notifiable injury, illness, or incident, or an occupational disease (as defined in Schedule 2 of the Accident Compensation Act 2001).

Under the Bill, “prioritise” means managing critical risks before managing other risks, monitoring, reviewing and revising controls relating to critical risks more often than controls relating to other risks, and applying a higher proportion of risk management resources to the management of critical risks compared with other risks.

The Bill does not create a standalone offence for failure to prioritise critical risks.

Distinguishing Small PCBUs

The Bill would also create a new subset of Persons Conducting a Business or Undertaking (PCBUs), being a “small PCBU”. Small PCBUs (those with fewer than 20 workers for at least nine of the 12 months of the year) would be required to manage only critical risks under their duties and regulatory obligations, although they must continue to provide basic welfare facilities and worker supervision in full.

All other PCBUs must manage all risks but must prioritise critical risks under all provisions.

Providing clarity in various areas

The Bill seeks to clarify that compliance with relevant requirements under other legislation to manage a risk is to be treated as complying with equivalent duties under the HSWA.

The Bill also introduces a specific exception for earthquake prone buildings, providing if a PCBU is meeting its obligations under the Building Act 2004 then it is not required to take any action in relation to seismic risk affecting the building (or part of the building) included in the workplace unless an emergency affecting the building is occurring.

For landowners who allow access for recreational purposes, the Bill clarifies they do not have duties under the HSWA relating to recreational access unless the recreational activity is connected with the PCBU’s work or work is being carried out at the same time and place as the recreational activity.

The Bill also clarifies officers’ duties, providing that an officer’s duty does not extend to activities they perform in another role within a PCBU.

Approved Codes of Practice

The Bill provides a pathway for non-regulators to submit draft codes of practice. Draft Codes of Practice from non-regulators will be submitted to the regulator who may then recommend it to the Minister. The regulator can still draft Codes of Practice but they will also require approval from the Minister.

The Bill proposes to strengthen the legal weight of Approved Codes of Practice by introducing a “safe harbour” mechanism. Under this approach, a duty holder who complies with an applicable Approved Code of Practice will be treated as having met their statutory obligations in respect of the relevant risk or matter.

Next Steps in the Legislative Process

The Bill was introduced to Parliament in February 2026 and will proceed through the standard legislative stages, including Select Committee consideration and opportunities for public submissions, before it can be enacted.

We will continue to watch this space as the Bill moves through the legislative process.

If you would like to know more, or for a discussion of your own health and safety matters, get in touch with our Health and Safety Team at enquiries@toddwalker.com or +64 (03) 441 2743.