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February 2026 Legislative Update: Key Changes Across VIC, NSW, SA, WA, TAS and Federal

25/03/2026by admin0Read: 9 minutes

This February update summarises the legislation and regulations flagged in our register for the month across Victoria, New South Wales, South Australia, Western Australia, Tasmania and the Commonwealth.

While the underlying amendments and commencement dates vary by instrument, the February register shows recurring activity across building and construction compliance, vehicle standards, work health and safety governance, planning/state development pathways, and health/medicines administration.

At a glance

  • Victoria (VIC) — 1 instrument. Notable item: State Superannuation Act 1988.
  • New South Wales (NSW) — 4 instruments. Notable items include Work Health and Safety Act 2011 No 10, Environmental Planning and Assessment Regulation 2021, Product Lifecycle Responsibility Regulation 2026.
  • South Australia (SA) — 8 instruments. Notable items include Building Work Contractors Act 1995, Planning, Development and Infrastructure Act 2016, South Australian Employment Tribunal Act 2014.
  • Western Australia (WA) — 4 instruments. Notable items include Planning and Development Amendment (State Development) Regulations 2026, Heritage Amendment (State Development) Regulations 2026, Work Health and Safety (General) Regulations 2022.
  • Tasmania (TAS) — 1 instrument. Notable item: Poisons Regulations 2018.
  • Commonwealth (FED/Cth) — 4 instruments. Notable items include National Construction Code 2022 (NCC) Vol 1, 2 & 3 and key ADR vehicle standards.

What this means for organisations

If any of the instruments below touch your operations (e.g., construction/design, automotive manufacturing/importing, major project development approvals, WHS governance, medicines/poisons handling, or public-sector HR/payroll), it’s worth:

  • confirming commencement dates and any transitional arrangements,
  • checking whether you have policies, procedures or training that need updating, and
  • documenting decisions for audit and assurance purposes.

Quick reference

The table below lists the legislation and subordinate instruments recorded for February, grouped by jurisdiction for quick scanning.

Legislation State Summary of changes Practical recommendation
State Superannuation Act 1988 VIC Governs the statutory superannuation schemes for Victorian public sector employees, primarily legacy defined-benefit schemes and specific accumulation funds. It outlines the legal framework for employer and employee contribution rates, calculation of accrued benefits upon retirement or resignation, and the management of unfunded liabilities under the oversight of the Emergency Services Superannuation Board (ESSB). Public sector HR/Payroll must strictly verify employee eligibility for legacy defined-benefit tiers before processing contract changes. Finance teams must accurately calculate superable salary (which can differ from base salary), ensure contributions are remitted on time, and strictly adhere to DTF financial reporting standards (such as AASB 119) to properly disclose long-term defined-benefit liabilities.
Vehicle Standard (ADR 18/03 – Instrumentation) 2006 FED This ADR sets national technical requirements for vehicle instrumentation, including speedometer accuracy, odometer requirements, and other driver display instruments. It ensures vehicles meet uniform compliance standards in measurement accuracy and visibility. Amendments typically align with international UNECE standards and evolving vehicle technology (digital dashboards, ADAS interfaces). Manufacturers and importers must integrate ADR compliance checks into vehicle design and quality assurance processes. Maintain calibration and test evidence for speedometers/odometers and ensure supplier documentation supports compliance. Update engineering specifications when ADR harmonisation occurs and retain compliance certificates for regulator inspections.
Vehicle Standard (ADR 3/04 – Seats and Seat Anchorages) 2017 FED This ADR sets national strength and performance standards for vehicle seats and their anchorages. It regulates seat design, mounting durability, and structural integrity during crashes, ensuring occupant protection. Updates often reflect advanced crash test requirements and alignment with global safety standards. Engineering teams must document load-testing results and ensure seats and anchorages meet ADR crash performance requirements. Maintain supplier conformance certificates, product design specifications, and evidence of compliance testing. Vehicle importers must ensure seating system compliance certificates are retained before supply to market.
Vehicle Standard (ADR 5/06 – Anchorages for Seatbelts) 2018 FED This ADR defines engineering and structural requirements for seatbelt anchorages, including design geometry, placement, strength, and performance during crash events. It ensures safety restraints can withstand load forces and properly secure occupants. Updates often follow changes in seatbelt technology and international crash-safety harmonisation. Vehicle designers must ensure seatbelt anchor points comply with geometry and strength requirements. Maintain engineering drawings, structural test evidence, and compliance certifications. Importers should confirm ADR documentation is available for each model and retained for audit evidence under the Road Vehicle Standards framework.
National Construction Code 2022 (NCC) Vol 1, 2 & 3 FED NCC 2022 sets minimum national technical standards for building and construction across Australia, covering structural integrity, fire safety, accessibility, energy efficiency, and health requirements. The 2022 edition includes significant updates on energy efficiency provisions, condensation management, livable housing guidelines, and fire safety compliance pathways. States implement NCC through local building regulations. Architectural and drafting teams must immediately update design specifications and building compliance checklists to align with NCC 2022 requirements, particularly around energy efficiency and fire safety. Builders must ensure contractors follow compliant materials and methods. Maintain building compliance evidence, including certificates, inspection reports, and commissioning documentation to demonstrate compliance during audits and occupancy approvals.
Work Health and Safety Act 2011 No 10 NSW This is the principal NSW WHS Act (harmonised model law) that defines PCBUs’ primary duties of care, officer due diligence requirements, worker consultation obligations, incident notification, and enforcement mechanisms. The Act continues to be used as a base instrument for amendments affecting governance structures, regulator powers, and the scope of “reasonably practicable” safety compliance across NSW. Organisations must ensure their WHS governance aligns with officer due diligence standards: regular WHS reporting to leadership, documented risk controls, worker consultation processes, and evidence of training. Audit WHS management systems against the Act, focusing on incident notification triggers, duty-holder responsibilities, contractor management, and risk assessment procedures.
Environmental Planning and Assessment Regulation 2021 NSW This regulation supports the Environmental Planning and Assessment Act 1979 and sets procedural requirements for planning approvals and development assessments in NSW. It governs development applications, environmental impact statements, public notice requirements, compliance certificates, and approval conditions. Updates often reflect planning reforms, streamlined assessment processes, and digital lodgement requirements. Construction and property-related businesses must ensure their planning and development documentation aligns with current procedural rules, including DA submission checklists, environmental assessment reporting, and compliance certificates. Maintain an up-to-date approvals register and audit permit conditions against project delivery practices.
Mental Health Regulation 2025 NSW Introduced to support NSW mental health legislative reforms, this regulation specifies procedural, operational, and administrative requirements for mental health facilities, clinicians, and authorised persons. It governs forms, reporting obligations, treatment protocols, and compliance requirements across mental health services, ensuring consistent application of the Mental Health Act framework. Healthcare providers and community service organisations must review clinical governance frameworks and ensure staff are trained on updated regulatory forms and treatment protocols. Ensure medication handling, reporting, recordkeeping, and authorised treatment pathways align with the updated regulation. Conduct periodic compliance reviews, particularly for high-risk patient management processes.
Product Lifecycle Responsibility Regulation 2026 NSW This new regulation introduces mandatory obligations for product lifecycle accountability in NSW, strengthening product stewardship requirements. It places compliance responsibilities on manufacturers, distributors, and brand owners for managing product waste, recycling targets, and end-of-life disposal obligations. It reflects NSW’s shift towards enforceable circular economy regulation and may align with national product stewardship frameworks. Businesses supplying products into NSW must confirm whether they qualify as “brand owners” or “supply chain participants” under the regulation. Establish a product stewardship compliance plan covering waste tracking, recycling targets, reporting evidence, and supplier engagement. Legal teams should review supply contracts to ensure responsibilities for end-of-life obligations are clearly assigned.
Building Work Contractors Act 1995 SA Regulates licensing, conduct standards, and consumer protections for building contractors in South Australia. It sets requirements for registration, statutory warranties, contract standards, dispute resolution mechanisms, and disciplinary powers for regulators. Amendments often strengthen contractor accountability and consumer rights, particularly for domestic building work. Construction and trade businesses must ensure licensing and registration requirements are current and that contracts comply with statutory warranty obligations. Implement a contractor compliance checklist covering insurance, contract terms, dispute resolution pathways, and staff competency records. Builders must review subcontractor agreements to ensure liability and workmanship obligations are clearly documented.
Fair Trading Act 1987 SA Provides South Australia’s consumer protection framework, prohibiting misleading or deceptive conduct and regulating fair business practices. It supports enforcement of trading standards, consumer complaints handling, and dispute resolution mechanisms. It can be updated to align with national consumer law reforms or to strengthen enforcement powers of SA regulators. All businesses operating in SA must ensure advertising, pricing disclosures, complaint handling, and contract templates comply with fair trading obligations. Review marketing claims, refund processes, supplier disclosures, and consumer dispute escalation procedures. Maintain documented compliance controls, especially for high-volume consumer interactions.
Fair Work Act 1994 SA Governs industrial relations matters within South Australia for specific groups of employees, including public sector and some local government workers (distinct from the federal Fair Work Act 2009). It sets employment rights, dispute resolution processes, industrial award coverage, and tribunal-based enforcement provisions. Public sector and local council employers must review HR policies, award interpretation, and dispute resolution pathways against this Act. Maintain updated employment contracts and workforce registers, and ensure supervisors understand escalation processes for grievances and industrial disputes. Regularly review award changes and tribunal decisions affecting local obligations.
Legal Practitioners Act 1981 SA Regulates the legal profession in South Australia, including admission standards, practising certificates, trust account controls, professional conduct, and disciplinary processes. Amendments can update regulatory oversight arrangements or modernise professional obligations aligned with national legal profession reforms. Legal service providers must ensure practising certificates, continuing professional development compliance, and trust account procedures are maintained. Conduct regular internal audits of client money handling, professional conduct reporting requirements, and complaint management processes. Maintain evidence of practitioner eligibility and training compliance.
South Australian Employment Tribunal Act 2014 SA Establishes the South Australian Employment Tribunal (SAET) as the key body for resolving industrial relations and employment disputes under SA legislation. It defines jurisdiction, dispute resolution procedures, tribunal powers, and enforcement mechanisms for employment-related matters within SA’s state-based IR framework. Organisations with SA state-award employees must ensure HR teams understand SAET jurisdiction and dispute resolution requirements. Establish documented processes for handling workplace disputes, terminations, disciplinary action, and tribunal referrals. Maintain evidence of procedural fairness, accurate payroll compliance, and employment decision documentation to support tribunal matters.
TAFE SA Regulations 2026 SA Introduces updated regulatory requirements governing TAFE SA operations, staffing, administrative procedures, and potentially student governance arrangements. As a 2026 regulation, it reflects a remade or modernised framework to align with current public sector governance and training delivery requirements. Education and training entities (especially public RTO structures) must review workforce governance policies, employment arrangements, and operational compliance requirements for alignment. TAFE SA internal teams should update delegations, reporting structures, workforce documentation, and staff training programs to reflect new regulation requirements, ensuring audit-ready evidence is maintained.
Planning, Development and Infrastructure Act 2016 SA This is the core legislative framework for South Australia’s modern planning system, introducing the Planning and Design Code, ePlanning processes, development assessment pathways, and planning authority governance structures. Updates often relate to planning reform implementation, development application processes, and regulatory streamlining. Developers, builders, and councils must ensure planning approval workflows align with the Planning and Design Code and that all development applications meet updated procedural requirements. Maintain a planning compliance checklist and approvals register. Ensure project teams track approval conditions and retain evidence of compliance with development assessment requirements.
City of Adelaide Act 1998 SA Establishes the governance framework for the City of Adelaide, defining council functions, planning powers, land management responsibilities, and regulatory authority. It often interacts with planning legislation and can be updated to reflect governance reforms, council powers, and operational authorities for city management. Businesses and contractors working within the Adelaide CBD must ensure local permits, public space usage approvals, and council compliance requirements are understood. Review procurement, land use approvals, and local compliance obligations. Maintain a stakeholder engagement plan for council-related approvals and ensure regulatory notices are tracked and actioned in a timely way.
Planning and Development Amendment (State Development) Regulations 2026 WA Amends WA planning regulations to strengthen the “State Development” pathway, enabling faster approvals for priority projects. It establishes updated procedures for project declarations, streamlined assessment processes, and governance arrangements that align with WA’s economic development priorities. This may impact infrastructure, mining, and large-scale developments. Major project owners must update approval strategies and ensure project governance aligns with the amended State Development process. Maintain an approvals tracker, document stakeholder consultations, and ensure environmental, heritage, and planning documentation is complete. Compliance teams should revise risk registers and internal controls to reflect accelerated timelines and expanded decision-maker powers.
Heritage Amendment (State Development) Regulations 2026 WA Amends WA heritage regulations to integrate heritage considerations into the State Development approval process. It streamlines heritage assessment requirements for declared projects, potentially adjusting the way heritage site approvals are handled within fast-track development pathways. Organisations managing WA development projects must ensure heritage due diligence is completed early. Engage heritage consultants where required, maintain evidence of heritage assessments, and document mitigation or preservation controls. Ensure planning documentation includes heritage compliance evidence to avoid delays during State Development approvals.
Work Health and Safety (General) Regulations 2022 WA Provides detailed WHS requirements supporting WA’s WHS Act 2020, covering hazard management, high-risk work licensing, plant and equipment, hazardous chemicals, confined spaces, electrical safety, PPE obligations, and training requirements. Amendments may update prescriptive standards, codes alignment, and compliance obligations. WA businesses must run compliance audits against WHS (General) Regulations requirements, including confined space entry permits, hazardous chemical registers, PPE fit testing evidence, and high-risk work licensing. Update training records, SOPs, risk assessments, and incident response procedures. Maintain a compliance register with evidence for regulator inspections.
Mental Health Regulations 2015 WA Establishes operational rules supporting WA mental health legislation, including forms, reporting obligations, authorised treatment processes, and procedural requirements for mental health facilities and practitioners. Updates can adjust administrative requirements to align with health sector reforms. Healthcare providers in WA must ensure compliance with required forms, reporting timelines, and authorised treatment procedures. Review clinical governance documentation, staff training, and recordkeeping practices to ensure alignment. Conduct routine compliance checks for patient consent documentation, medicine handling controls, and incident reporting obligations.
Poisons Regulations 2018 TAS Provides regulatory requirements for the handling, supply, storage, recordkeeping, and compliance controls for poisons and controlled substances in Tasmania. It supports Tasmanian poisons legislation and defines obligations for pharmacies, healthcare providers, and authorised persons managing scheduled substances. Tasmanian healthcare providers and businesses handling poisons must ensure secure storage, access controls, and accurate register maintenance. Conduct routine audits of controlled substance handling procedures and ensure staff training is current. Maintain documented incident reporting processes for loss, theft, or misuse of poisons.

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