New digital work safety laws in NSW affect how schools must manage AI, rostering and monitoring tools. Here’s what schools in NSW and beyond need to know.

Schools are increasingly relying on digital tools. From automated timetabling, relief allocation and online learning platforms, to student management systems and performance dashboards, schools increasingly rely on digital tools to allocate, manage and monitor work. These tools help streamline work, but they can also create hidden risks for staff.

Concerns have emerged across many sectors that some “digital work systems” - particularly those using algorithms, automation or artificial intelligence - can contribute to excessive workloads, unreasonable monitoring and psychosocial harm.

In response, the NSW Parliament passed the Work Health and Safety Amendment (Digital Work Systems) Act 2026 in February 2026. This Act amends the Work Health and Safety Act 2011 (NSW) to specifically regulate the health and safety impacts of digital work systems. When the changes commence, they will apply to all persons conducting a business or undertaking in NSW, including schools.

If you don’t have time to unpack the legislation, here’s a simple guide to what it means for schools in NSW and what you should do next. For schools outside NSW, this guide may offer a preview of reforms to come in your state/territory. 

When do the new laws commence?

The NSW Parliament passed the Work Health and Safety Amendment (Digital Work Systems) Act 2026 (NSW) on 12 February 2026, with assent received on 18 February 2026. While some technical provisions commenced on assent, the key operational obligations, including the new duties relating to the use of digital work systems and the allocation of work by those systems, have not yet commenced. They will commence when the NSW Government issues a proclamation. At the time of writing this article, no proclamation had been issued.

What is a “digital work system”?

The amended Work Health and Safety Act 2011 (NSW) defines a digital work system as an algorithm, artificial intelligence, automation or an online platform.

In a school context, this could include:

• timetabling and rostering systems
• performance tracking dashboards
• behaviour or attendance monitoring tools
• AI-assisted marking or analytics.

If a system affects who works, when they work, or how they are assessed, it likely qualifies as a “digital work system”.

A new WHS duty for schools using digital work systems

Under the new laws, digital work systems will be expressly recognised as part of a school’s system of work. This means that schools must identify, assess and manage any health and safety risks arising from the use of digital work systems (particularly psychosocial risks) through their existing WHS risk management processes, in the same way they would manage risks arising from physical work practices.

Further, the amendments introduce a new Digital Work System Duty. Schools must ensure, so far as is reasonably practicable, that the health and safety of workers is not put at risk by the use of digital work systems or by the allocation of work through those systems.

In particular, schools must consider whether a digital work system creates or contributes to:

• excessive or unreasonable workloads
• excessive or unreasonable performance metrics
• excessive or unreasonable monitoring or surveillance
• unlawful discriminatory practices or decision-making.

Expanded access powers and compliance expectations

The amendments also expand the powers of authorised WHS entry permit holders. Where there is a suspected WHS contravention, schools may be required to provide reasonable assistance to enable access to, and inspection of, relevant digital work systems.

This reinforces the importance of understanding how digital systems operate, keeping clear documentation of risk assessments, and ensuring decision‑making can be explained from a WHS perspective.

Why these changes matter for schools

NSW is the first Australian jurisdiction to explicitly regulate digital work systems under work health and safety legislation. The reforms remove any doubt that harm caused by digital systems—particularly psychosocial harm—is within the scope of WHS duties.

The Government has emphasised that accountability remains with human decision‑makers. Even where work allocation or monitoring is automated, responsibility for health and safety remains with the school that chooses to use the system.

Conclusion

This law matters because it changes how schools should think about technology. Digital tools are no longer just operational aids; they are potential sources of workplace risk that must be actively managed. Even if you are outside NSW, this reform is likely a sign of what’s to come.

Schools should:

• review the digital systems they use
• assess whether those systems increase workload or stress
• involve staff in decisions about technology
• monitor impacts over time.