Legislation

On 1 July 2026, NSW workers compensation underwent its most significant reform in more than a decade.
Much of the conversation has focused on what changed in the legislation. But for self-insurers, the bigger challenge is what happens after legislation is passed.
New legislation changes more than entitlements. It changes claims workflows, decision making, documentation, reporting, training and the technology that supports it all.
This article summarises the key reforms and shares our perspective on what they mean for organisations responsible for implementing them.
Psychological Injury Claims
The most significant reforms relate to psychological injury claims.
From 1 July, a psychological injury is only compensable where it was caused by a defined relevant event with a real and direct connection to employment, and where employment was the main contributing factor to the injury.
Relevant events include acts of violence, bullying, excessive work demands, sexual and racial harassment, vicarious trauma, and witnessing traumatic incidents. Reasonable management action taken by an employer is explicitly excluded.
The reforms also introduce a new dispute pathway. Matters involving relevant conduct - such as bullying, excessive work demands or harassment - must first be determined by the Industrial Relations Commission before proceeding to the Personal Injury Commission.
Whole person impairment thresholds for ongoing entitlements are also increasing over time, beginning at 25 per cent in July 2026 and rising to 28 per cent by 2029.
For claims teams, these changes affect much more than eligibility. They influence how psychological claims are identified, investigated, documented and progressed from the moment they're lodged.
Changes to PIAWE and Indexation
Pre-injury average weekly earnings (PIAWE) is no longer classified as a work capacity decision.
Instead, it becomes its own decision type, with separate notice requirements and a distinct dispute pathway.
While the change may appear administrative, it introduces another decision point that organisations must account for within their claims processes.
The reforms also simplify indexation: from 1 July 2026, weekly compensation amounts move to a single annual adjustment each 1 April, replacing the previous biannual cycle.
Permanent Impairment: A Single Principal Assessment
The reforms introduce a principal assessment - a single whole person impairment assessment that determines all key entitlements, including weekly payments, medical expenses, lump sum compensation, commutations and work injury damages.
Only one further assessment is permitted, and only where there has been an unexpected and material deterioration of at least ten percentage points.
This replaces a framework where impairment could be assessed multiple times for different purposes, simplifying the assessment pathway while placing greater importance on the principal assessment itself.
The Second Wave: 1 October 2026
A second group of reforms commences on 1 October.
The test for approving medical expenses and treatment changes from reasonably necessary to reasonable and necessary, introducing a higher evidentiary threshold.
The reforms also establish a new lump sum settlement process, with the President of the Personal Injury Commission assuming responsibility for approving commutation agreements. Workers with pre-reform assessments must lodge lump sum claims before 1 July 2028.
A Note on Timing
Although the legislation passed in late 2025 and early 2026, much of the operational detail wasn't available until the supporting regulations and guidelines were published on 26 June—just four days before commencement.
SIRA has acknowledged that further guideline updates will continue over coming months, while the Personal Injury Commission has commenced under interim arrangements as its procedural framework continues to evolve.
In practical terms, organisations have been implementing significant legislative change while parts of the operational framework are still settling.
What This Means for Self-Insurers
For self-insurers, reforms of this scale carry a unique responsibility.
Unlike scheme agents, self-insured organisations are responsible for implementing legislative change across their own operation - from policies and procedures through to training, reporting and technology.
Psychological injury claims now require evidence linked to specific relevant events. Disputes follow new jurisdictional pathways. PIAWE decisions have their own process. Permanent impairment now flows from a single principal assessment.
Existing templates, workflows, decision points and reporting may all require review.
At the same time, the NSW Government has commenced a review of self and specialised insurer licensing arrangements, with an interim report due later this year. Many organisations are therefore navigating operational change while preparing for further regulatory reform.
None of this is unmanageable.
But it is significant.
The reforms represent one of the most significant operational changes NSW self-insurers have had to navigate in recent years.
Our Perspective
Every major legislative reform creates an implementation challenge.
New requirements need to be reflected in policies, workflows, decision points and the technology that supports them. When systems can't adapt efficiently, organisations often bridge the gap with manual processes, additional administration and workarounds. The burden of reform falls on the people managing claims, rather than the systems designed to support them.
We don't think it has to be that way.
A claims platform should make implementing legislative change easier, so that teams can stay focused on managing claims and supporting injured workers.
The purpose of injury management hasn't changed because the legislation has. Case managers and return to work coordinators are still there to support injured workers, make informed decisions and help people recover. Their systems should support that work - not create more administration every time legislative requirements evolve.
That's the philosophy behind how we've approached the NSW reforms at Safer.
Rather than adapting a legacy design around new legislation, we've built our NSW functionality around the reformed framework as it's been released. As further guidance is published and the October reforms commence, we'll continue evolving alongside them.
NSW won't be the last jurisdiction to reform. Across Australia, injury management is becoming more complex, more regulated and increasingly data-driven.
Technology needs to keep pace.
So the people doing the work can stay focused on the people they're helping.
Further Information
This article focuses on the reforms we believe will have the greatest operational impact for self-insurers. It is not intended to summarise every legislative change.
For the complete reforms, implementation guidance and supporting resources, refer to SIRA's website: Workers Compensation Information Hub