The NSW Government is paving the way for Australia’s first WHS duty focused on digital work systems. The Work Health and Safety Amendment (Digital Work Systems) Bill 2025 (NSW) proposes amendments to the WHS Act 2011 to clarify what PCBUs must consider when using tech to allocate work.
Under the Bill, PCBUs will be expected to assess whether a digital work system causes:
- Excessive or unreasonable workloads
- Overly harsh or unrealistic performance metrics
- Excessive monitoring or surveillance
- Discrimination in decisions about work.
Take Out Point: There is opposition to this controversial proposed law as it will give unprecedented access to parties (such as unions) to business data and confidential algorithms. Watch this space.
Introduced to Parliament on 19 November 2025, you can track the Bill’s progress Work Health and Safety Amendment (Digital Work Systems) Bill 2025 (NSW)