NSW Legislates Against AI, Tech Related Harms at Work

The New South Wales government has moved a new bill to protect employees from any harm that might come from the deployment of artificial intelligence and algorithms at work.

The Work Health and Safety Amendment (Digital Work Systems) Bill will hold employers responsible for any harms that might come about to workers via the use of digital systems.

It will also broaden the rights of health and safety permit holders, including union safety representatives, to access and inspect digital work systems—potentially looking at metrics and data logs.

“This bill is designed to put beyond doubt that the use of digital systems in modern workplaces such as algorithms or online platforms are covered by the state’s work health and safety framework,” Labor Treasurer Daniel Mookhey told the Legislative Council on Feb 5 (pdf).

“We have heard from rideshare and delivery drivers being instructed by an app to make illegal U-turns to get from point A to point B as quickly as possible, or being instructed to park in no-stopping zones,” he said.

“We know that since 2020 there have been 366 total incidents involving gig food delivery workers including, tragically, seven fatalities in New South Wales. We have also heard from warehouse workers in distribution centres whose pace of work is subject to the demands of an algorithm.”

Mookhey said a home care care support gig worker was instructed by an app to drive through flash floods and had her car swept away.

NSW Premier Chris Minns argued on Facebook the Labor Party has a strong stance on AI in the work place.

“There should be rules. There should be oversight. And most importantly, workers should not be left in the dark.”

The bill has passed the lower house of parliament. But it remains to be seen if it will receive the support of the Upper House.

Debate was adjourned on Feb. 5.

Opposition Warns Businesses to Bear Heavy Burden

Liberal Upper House MP Rachel Merton claimed the bill was driven by the union movement and would give them sweeping access to the systems of any business.

She also took issue with the large fines for businesses that refuse union access—$66,770 for a company, and $13,310 for a sole trader.

“I strongly oppose the Work Health and Safety Amendment (Digital Work Systems) Bill 2025—another exhibit that once again demonstrates that the Minns government is a wholly owned subsidiary of the state’s forever grasping and demanding trade union movement,” she said in parliament (pdf).

“This is a bad piece of legislation that will give unions open access to the digital work systems of businesses everywhere thanks to a ludicrously wide definition of ‘digital work system’ that deliberately tries to net as many businesses as possible, as inevitably demanded by the trade union movement.”

Opposition Leader Kellie Sloane accused Labor of rushing the bill.

“Bad laws that will give unions unprecedented access to workplace IT systems. They don’t need to rush it. They could improve it, they could listen to business,” she said.