Eshani mendis

New legislation has passed the NSW Parliament seeking to regulate safety risks arising from the use of digital work systems, such as artificial intelligence. The Work Health and Safety Amendment (Digital Work Systems) Bill 2026 (Bill) amends the Work Health and Safety Act 2011 (NSW) (WHS Act) by introducing specific duties on a person conducting a business or undertaking (PCBU) and expanding the rights of WHS entry permit holders in relation to digital work systems.

Australia August 22 2019 The Court must consider what the employer / persons conducting a business or undertaking should have foreseen and done to manage risk, having regard to, amongst other things, their actual or constructive knowledge at the time of the contravention.

The Lavin case has broadened our understanding on what considerations a Court and jury must look at when determining the guilt of a person charged with a category 1 offence.