This page is an educational summary for professionals working with AI. It is not the law and not legal advice. Always work from the current authoritative text linked below.
What does the WHS Regulation 2025 (NSW) do?
The remade principal regulation under the Work Health and Safety Act 2011 (NSW). It repealed the 2017 Regulation, which faced automatic repeal on 1 September 2025, keeps the model WHS Regulations' harmonised numbering, and carries the psychosocial framework at sections 55A to 55D. Work from the current version on the NSW legislation website.
Who does it bind?
Persons conducting a business or undertaking, the model-law duty holder. Section 55C requires a PCBU to manage psychosocial risks in accordance with Part 3.1 and to implement the control measures required by section 55D. Officers and workers carry separate duties under the Act.
What do practitioners get wrong?
Citing the repealed 2017 Regulation, or calling provisions "clauses": the remake refers to its provisions as sections. The other error is collapsing section 55C into section 55D: 55C imposes the management duty and routes to Part 3.1 and 55D, while the relevant matters, from exposure duration, frequency and severity to work design, live in section 55D(2) alone.
Where does AI use touch it?
AI systems that allocate, pace or monitor work fall within the design or management of work and workplace interactions or behaviours in section 55A, feeding directly into the section 55C and 55D duties. See NSW's digital work systems WHS duty, HSR questions for deployed AI tools and the model WHS laws the Regulation implements.
Bottom line
Cite the 2025 Regulation, cite it in sections, and keep 55C and 55D distinct: 55C carries the duty, 55D(2) carries the matters. The 2017 Regulation is repealed.
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