Return to Work
SIRA has consulted on an updated return to work guideline for NSW workplaces, with a draft released for feedback between 2 and 27 February 2026. The draft 2026 guideline reworks both the content of return to work obligations and the way they are presented, with a clearer line between what employers must do and what is offered as guidance.
What is changing in the draft guideline
The central change in the draft 2026 guideline is a more explicit separation between enforceable requirements and explanatory material. Additional explanatory content has been moved into a separate supporting document, so the guideline itself sets out employer obligations more directly. SIRA has said this structure is intended to make clear what employers must do under the workers compensation framework, as distinct from information provided as guidance.
New expectations for employers
The draft guideline does more than reorganise existing material. It includes new content on the elements that must be included in a workplace return to work program. For category 1 employers, it introduces minimum training expectations for staff involved in return to work activities. Obligations that sit under other legislation, such as work health and safety and privacy, are being removed from the guideline itself but remain in force, and will be covered through updated employer information on the SIRA website.
Why SIRA is making the change
SIRA has said it will use consultation feedback to judge whether it has the balance right between simplifying information and giving employers clarity about how to meet their return to work obligations. The restructure also makes it easier for SIRA to systematically review return to work program obligations over time. Once finalised, the guideline and its supporting material are expected to shape regulatory engagement and workplace practice across the NSW scheme.
What this means for employers, insurers and providers
For employers, the practical message is to revisit return to work programs against the updated requirements, particularly the program content elements and, for category 1 employers, the new training expectations. For insurers, agents and intermediaries, the guideline may change how advice is framed for employer clients on program content, training and documentation. Providers supporting return to work should ensure their input maps to the elements the guideline requires.
Key Takeaways
- SIRA consulted on a draft 2026 return to work guideline between 2 and 27 February 2026.
- The draft separates enforceable requirements from explanatory guidance.
- New content covers required elements of a workplace return to work program.
- Category 1 employers face new minimum training expectations for staff involved in return to work.
Frequently Asked Questions
What is the draft NSW return to work guideline 2026?
It is the SIRA updated return to work guideline, released for consultation in February 2026, which restructures and updates employer return to work obligations.
What is new for category 1 employers?
The draft introduces minimum training expectations for staff involved in return to work activities.
Are work health and safety obligations removed?
They are being removed from the guideline document itself but remain legally in force, and will be covered through updated employer information on the SIRA website.
Primary source: SIRA draft NSW return to work guideline consultation, February 2026.
