NSW workplaces don’t have AED-specific legislation. They do have a strong duty of care under work health and safety law. The two often get conflated, and the gap matters.
This article is for NSW workplace managers, WHS officers, and business owners who want a clear read on what the law actually requires, and where AEDs fit. It’s the practical companion to our broader piece on whether NSW commercial buildings need an AED in 2026.
The short answer
Under NSW Work Health and Safety law, every business must:
- Provide adequate first aid equipment and ensure it’s accessible
- Provide first aid facilities where appropriate
- Ensure workers have access to trained first aiders or first aid information
That obligation comes from the Work Health and Safety Act 2011 (NSW) and its 2017 Regulation, with the detail in the First Aid in the Workplace Code of Practice — published by SafeWork NSW (the NSW Government workplace safety regulator) and commenced in NSW on 31 January 2020.
Notice what’s not on that list: a hard rule on AEDs. The Code treats AEDs as one of several first aid options, not a default requirement. But there are clear circumstances where having one becomes part of meeting your duty.
Who’s a PCBU and why it matters
The WHS Act calls every employing business a Person Conducting a Business or Undertaking (PCBU). That includes companies, sole traders, charities, and most government entities. Anyone with workers under their direction.
A PCBU has a primary duty to ensure, so far as is reasonably practicable, the health and safety of workers and other people affected by the work being done. That phrase — reasonably practicable — is the lens through which every first aid decision is made.
In plain language: you have to do what a careful, competent business in your situation would do. Not what’s cheap. Not what’s perfect. What’s reasonable, given the risks you actually face.
What the Code of Practice says about first aid
SafeWork NSW (the state regulator) publishes the First Aid in the Workplace Code of Practice to translate the broad WHS duty into concrete first aid expectations. It’s been the active version in NSW since 31 January 2020 and remains current at the time of writing.
The Code expects PCBUs to assess first aid needs based on:
- The nature of the work and the hazards involved
- The size, location, and nature of the workplace
- The number and composition of workers and others on site
- The likely seriousness of injuries or illnesses
That risk-assessment approach runs through every first aid decision the Code touches. Kits, trained first aiders, first aid rooms, signage, and AEDs.
What the Code says about AEDs
This is the single most quoted passage in our NSW conversations:
“An AED may be provided to reduce the risk of fatality from cardiac arrest where there is a risk to your workers from electrocution, a delay in the arrival of ambulance services or where there are large numbers of members of the public at your workplace.”
Three things to draw from that.
First, “may” not “must”. The Code uses discretionary language. There’s no rule that says “if your business has X workers, you must have an AED.”
Second, three risk triggers are flagged. Electrocution risk, delayed ambulance arrival, and high public footfall. These aren’t the only reasons to install an AED, but they’re the ones the Code specifically calls out. Any one of them moves the needle on what “reasonably practicable” looks like for your business.
Third, the framing is risk reduction, not compliance. Installing an AED is positioned as reducing fatality risk, not ticking a regulatory box. That changes how we think about the business case.
Where the AED case gets stronger
The duty-of-care argument for an AED becomes hard to ignore in any of the following scenarios.
Electrocution risk
Electrical work, exposed energy, switchboards, high-voltage equipment, electric vehicle workshops. Anywhere a worker could go into cardiac arrest from electrocution, the on-site response window is critical.
Construction sites
Construction sites tick the electrocution risk box and often add isolated work, time-sensitive ambulance access, and physically demanding labour. Including an AED as a baseline site safety asset is increasingly common rather than optional.
Industrial and warehouse environments
Heavy machinery, isolated workers, older workforce demographics, and ambulance response times that are often longer than dense urban CBDs. The Code’s “delayed ambulance arrival” trigger applies cleanly here.
Workplaces with significant public footfall
Hospitality venues, large retail, gyms, function centres, sporting facilities, transport hubs. The Code specifically calls out “large numbers of members of the public” as an AED-relevant factor.
Regional and remote workplaces
The further you are from a metropolitan ambulance station, the longer the response window. Sudden cardiac arrest survival drops by roughly 10% per minute without defibrillation. A regional or remote NSW workplace makes the AED case almost on its own.
Workplaces with vulnerable workforces
Older workers, workers with known cardiac history, workforces with high-stress or extreme physical demands. None of these mandate an AED, but each one shifts what “reasonably practicable” looks like.
What about the NSW AED Bill?
A private member’s Bill — the Automated External Defibrillators (Public Access) Bill 2024, sponsored by Gareth Ward MP — has been introduced to the NSW Parliament three times. Each version has either lapsed or remained on the notice paper without becoming law. As of writing, NSW has no AED-specific legislation in force.
If a future version of that Bill (or a Government-introduced equivalent) does pass, it would commence two years after royal assent. That means even an immediate passing wouldn’t trigger compliance obligations until 2028. We’ll update this article if anything material changes.
For today’s NSW workplaces, the relevant question isn’t “what does the Bill require?” — it’s “what does our existing WHS duty require, given our actual risk profile?”
A practical first aid review for NSW workplaces
If you haven’t reviewed your first aid arrangements in the last 12 months, here’s a sensible scope.
Hazard map. What are the genuine first aid risks in your workplace? Be specific — electrocution, falls, lacerations, sudden cardiac events. The risk register should drive everything else.
Equipment audit. Are first aid kits the right type and quantity for the workplace? Are they accessible? Has anything been used or expired since the last check?
Trained first aiders. Do you have enough trained first aiders for the size and shifts of your workforce? Are their qualifications current? CPR refreshers are typically annual; first aid certifications every three years.
AED assessment. Walk through the three Code triggers — electrocution risk, ambulance delay, public footfall. Document your reasoning. If any of the three apply, an AED becomes part of meeting your duty.
Signage and information. Is first aid information visible? Are AEDs (if installed) clearly signed and accessible without keys or codes?
Voluntary GoodSAM registration. If you have one or more AEDs installed, register them with NSW Ambulance through the GoodSAM Responder app. For multiple AEDs, contact [email protected]. Registration is voluntary in NSW, but it materially improves the chance the device gets used during a real emergency.
The Code isn’t a maths formula. It expects judgment, documentation, and a record of how decisions were made.
Best-practice specs if you do install
NSW Health publishes recommendations rather than requirements. The ones worth following:
- TGA approved — any AED bought from a reputable Australian supplier will be.
- IP55 rating or above for outdoor or semi-outdoor placement.
- Two sets of pads, shears, and a razor in the kit.
- Adult and paediatric capable where the workplace has any chance of treating a child.
- Mounted 1.2–1.4 m off the floor in a publicly visible, accessible location. Never behind a locked cabinet or coded door.
- Maintained per the manufacturer’s instructions with a documented servicing schedule.
These mirror SA’s Best Practice Guide closely, which is no accident. The clinical and operational standards for AEDs are nationally consistent — only the legal compliance framework differs by state.
What we recommend for NSW commercial property and workplace owners
The honest framing, for any NSW business asking “do we need an AED?”: no current law mandates it, but in many workplaces a reasonable risk assessment will conclude you should have one.
The cost of an installed, maintained, and registered AED is small relative to the cost of a foreseeable cardiac event with no on-site response. SafePulse installs and maintains AEDs across NSW commercial premises. If you’d like a no-pressure first aid review for your site, contact us and we’ll walk through your specific risk profile.