Are codes of practice legally binding?

In most Australian jurisdictions an approved code of practice is not, by itself, strictly mandatory, but it is the practical benchmark. Under s275 of the model Work Health and Safety Act an approved code is admissible as evidence in proceedings, and a court may rely on it to decide what is reasonably practicable. You can comply by another means as long as it gives a standard that is equivalent to or higher than the code. The big exception is New South Wales: from 1 July 2026, s26A of the WHS Act 2011 (NSW) requires a PCBU to comply with an applicable approved code or manage the risk to an equivalent or higher standard.

What changes in New South Wales on 1 July 2026?

From 1 July 2026, s26A of the Work Health and Safety Act 2011 (NSW) introduces a comply-or-justify duty. A PCBU must comply with an applicable approved code of practice, OR manage the relevant risk to a standard that is equivalent to or higher than the standard in the code. This elevates codes from merely admissible as evidence to a binding benchmark you must meet or justify. It has been in force since 1 July 2026, and a breach is still prosecuted through the existing Category 1 to 3 offences, not through the code itself.

What does 'admissible as evidence' mean for a code of practice?

Admissible as evidence (s275 of the model WHS Act) means a court can take the approved code into account in proceedings as evidence of what is known about a hazard or risk and of what is reasonably practicable to do about it. The code is not an offence in itself. If you did not follow the code, you can still show you complied by another method that achieved an equivalent or higher standard of work health and safety.

Is Victoria different — what are compliance codes?

Yes. Victoria is not part of the harmonised WHS scheme. It uses compliance codes under the Occupational Health and Safety Act 2004 (Vic). Under s152, if you comply with an approved compliance code you are deemed to have complied with the OHS duty it relates to — it works as a safe harbour. A compliance code is not, by itself, strictly mandatory: you can instead comply by another means that meets the duty. This is a different mechanism from the harmonised approved code of practice.

What happens if I do not follow a code of practice?

In harmonised jurisdictions, not following an approved code is not an offence in itself, but the code can be used as evidence against you to show what was reasonably practicable, so you would need to prove you achieved an equivalent or higher standard another way. In Victoria, not following a compliance code is not an offence but you lose the safe harbour and must show you met the OHS duty by other means. In New South Wales from 1 July 2026, you must comply with the applicable code or justify an equivalent or higher standard — a failure can support a Category 1 to 3 prosecution.

Are WHS Codes of Practice Mandatory? State Checker

Find out whether work health and safety codes of practice are legally binding in your state — including the NSW 1 July 2026 change.

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Codes of practice are usually the benchmark rather than flatly mandatory: in most Australian jurisdictions an approved code is admissible as evidence of what is reasonably practicable, and you can comply by an equivalent or higher standard. New South Wales is the exception — from 1 July 2026, s26A requires a PCBU to comply with the applicable code or justify an equivalent standard. Victoria uses compliance codes as a safe harbour. Pick your state to see the exact position.

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