NSW Government seeks to address work health and safety risks of artificial intelligence

The use of digital work systems, such as artificial intelligence (AI), algorithms, automation, online platforms and software, is on the rise throughout the country. Employers and workers are taking up these systems to help them in the performance and management of their work.

As with the introduction of any process or system to a workplace, work health and safety must be considered.

The NSW Parliament is currently doing just this with provisions within the Workers Compensation Legislation Amendment (Reform and Modernisation) Bill 2025.

The Bill would amend the Work Health and Safety Act 2011 to require employers to ensure that their use of digital work systems does not risk worker health and safety. It provides that a person conducting a business or undertaking that uses a digital work system must ensure that the systems allocate work or the systems are being used without creating health and safety risks, so far as reasonably practicable.

The provision will further require employers to consider whether a digital work system's allocation of work or use risks discriminatory practice or decision-making, or excessive or unreasonable monitoring or surveillance, workloads or performance metrics.

Should the Bill pass and come into law, New South Wales would be the first jurisdiction in Australia to have such an obligation in its work health and safety legislation.

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