Are codes of practice mandatory?

Pick your state or territory to see whether WHS codes of practice are binding there, the section that says so, and what to do if you manage a risk differently.

Figures checked 5 November 2026. Free to use, no sign-in.

Victoria and Western Australia have their own Acts; the tool switches to them.

Do you manage any risk differently from what the code describes?

For example, a different guarding method or a different way of controlling dust.

Codes of practice

Is a code of practice mandatory?

Yes: comply, or match the standard another way

New South Wales has a specific duty: a PCBU must comply with an approved code of practice, or manage the hazards and risks in a different way that provides an equivalent or higher standard of health and safety. This has applied since 1 July 2026. Codes are also admissible as evidence in a prosecution (s 275).

What to do

  • Find the approved codes that apply to your work on the regulator’s website and check your controls against them. Where you do something different, record why it is at least as safe.

Source: s 26A and s 275 of the Work Health and Safety Act 2011 (NSW).

General information, not legal advice. Check the current code that applies to your work.

How this works

NSW and Queensland: section 26A of each Work Health and Safety Act requires a PCBU to comply with an approved code of practice, or manage the hazards and risks a different way that gives an equivalent or higher standard. Queensland has had this since 2017; NSW since 1 July 2026.

South Australia, Western Australia, Tasmania, the ACT, the NT and Comcare: section 275 makes an approved code admissible in a prosecution as evidence of whether a duty was met, and lets the court rely on it to decide what was reasonably practicable.

Victoria: compliance codes under Part 12 of the OHS Act 2004. Not following one creates no liability by itself (s 150); following one means you are taken to have met the duty it covers (s 152).

Legal basis

Checked against these sources on 5 November 2026. Spotted a figure that looks wrong? Tell us.

Questions

Are codes of practice law?

They are approved by the WHS minister but are not regulations. In NSW and Queensland you must follow an approved code or manage the risk in another way that is at least as safe. Elsewhere, a court can use the code as evidence of what was reasonably practicable. In Victoria, following a compliance code counts as meeting the duty it covers.

When did the NSW change start?

Section 26A of the NSW Work Health and Safety Act commenced on 1 July 2026. Since then a PCBU must comply with an applicable approved code of practice or manage the risk to an equivalent or higher standard.

Can I do something different from the code?

Yes, in every jurisdiction, as long as your approach gives at least the same standard of health and safety. Write down what you do instead and why it is at least as safe, because you may need to show it.

Where do I find the codes for my state?

Each regulator publishes the codes approved in its jurisdiction. Most states have adopted Safe Work Australia’s model codes, sometimes with local changes, so check your own regulator’s list rather than the national version.

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