2026 Compliance Shifts: What Professional Services Firms Must Prepare for Now
2026 Compliance Shifts: What Professional Services Firms Must Prepare for Now
Workplace regulation in Australia is entering a more assertive phase. The Australian Human Rights Commission has confirmed that from December 2023 it gained new powers to investigate and enforce compliance with positive duty obligations under the Sex Discrimination Act. From 2026 onwards, regulators are expected to increase proactive investigations rather than relying solely on complaints.
At the same time, Safe Work Australia data continues to highlight the growing impact of psychosocial risks, with mental health conditions accounting for an increasing proportion of serious workers’ compensation claims and significantly longer recovery times compared to physical injuries.
For professional services firms, these developments signal a shift towards documented accountability, active monitoring and demonstrable prevention.
This blog outlines what is changing in 2026, what HR and governance leaders should prioritise, and how firms can strengthen their compliance frameworks without adding unnecessary complexity.
What is Workplace Compliance in Professional Services?
Workplace compliance in professional services is the structured process of meeting legal obligations related to discrimination law, work health and safety, governance, and employment regulation.
It is the documented implementation of policies, risk assessments, workforce training, monitoring systems and reporting mechanisms designed to eliminate unlawful conduct and manage workplace risks.
To prepare for 2026 compliance shifts in professional services, organisations must demonstrate proactive prevention measures, clear oversight from leadership, and continuous review of workplace risks.
What is positive duty under the Sex Discrimination Act?
Positive duty is the legal obligation on employers to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination and hostile work environments, rather than responding only after complaints arise.
What are psychosocial hazards?
Psychosocial hazards are workplace factors such as bullying, harassment, excessive workloads, low role clarity and poor organisational support that may cause psychological harm.
Do WHS laws apply to remote workers?
WHS laws apply to all workers, including those working remotely or in hybrid arrangements. Employers must ensure safe systems of work regardless of location.
What is director due diligence in WHS?
Director due diligence is the obligation on officers to actively ensure their organisation complies with work health and safety laws through oversight, verification and governance systems.
The Risk of Reactive Compliance
Professional services firms often operate in high-pressure environments with demanding client expectations and tight deadlines. Compliance frameworks can unintentionally become reactive, updated after an incident or complaint rather than through ongoing review.
However, regulatory posture is shifting towards prevention. The expectation in 2026 is not merely that policies exist, but that organisations can demonstrate how they work in practice.
Consider the implications:
- Can leadership show documented psychosocial risk assessments?
- Is workforce training tracked, refreshed and evaluated?
- Are hybrid teams covered by structured safety reviews?
- Does the board receive regular compliance reporting?
The difference between reactive and proactive compliance is measurable. Proactive firms maintain documented prevention plans, conduct regular training, and actively monitor workplace culture indicators. Reactive firms rely heavily on complaint processes and historical policies.
With regulators increasingly empowered to initiate investigations, the question for professional services leaders is not whether compliance exists, but whether it is demonstrable.
Key Compliance Changes Shaping 2026
Increased Enforcement of Positive Duty
The positive duty framework requires employers to eliminate sexual harassment and hostile work environments through reasonable and proportionate measures. Enforcement powers now allow regulators to investigate without a formal complaint.
From 2026 onwards, proactive compliance activity is expected to increase. Professional services firms should be prepared to show:
- Documented prevention strategies
- Regular workforce training
- Leadership accountability
- Monitoring and reporting systems
- Evidence of continuous improvement
Policies alone are insufficient. Organisations must demonstrate implementation and review.
For HR teams, this means aligning onboarding, annual training, investigation processes and reporting frameworks under a cohesive prevention model.
Psychosocial Hazard Compliance Focus
Psychosocial hazards are embedded within WHS legislation across Australian jurisdictions. They include risks such as bullying, harassment, excessive job demands, low autonomy and poor change management.
In professional services, high billable targets, long working hours and client pressure can heighten these risks.
In 2026, regulatory attention is expected to intensify around:
- Formal psychosocial risk assessments
- Documented control measures
- Consultation with workers
- Ongoing review and adjustment
Best practice involves integrating psychosocial risk management into existing WHS systems rather than treating it as a separate initiative. Risk registers, leadership reporting and worker consultation mechanisms should reflect psychological as well as physical safety.
Hybrid and Remote Work Obligations
Hybrid work is now a structural feature of professional services. WHS responsibilities extend beyond office walls.
Employers must ensure safe systems of work for distributed teams, including:
- Home workspace risk assessments
- Clear ergonomic guidance
- Communication protocols
- Psychological safety monitoring
- Training tailored to remote supervision
Documentation is critical. Organisations should maintain records of risk assessments, guidance materials and workforce acknowledgements.
Hybrid models also require managers to be trained in identifying early signs of burnout or isolation among remote team members.
Director and Officer Accountability
Under WHS laws, officers must exercise due diligence to ensure compliance. This includes acquiring knowledge of risks, understanding operations and verifying that appropriate systems are in place.
In 2026, scrutiny is expected to increase around:
- Board-level reporting frameworks
- Governance documentation
- Evidence of oversight
- Internal audit processes
Directors cannot rely solely on management assurances. They must be able to demonstrate informed oversight.
For professional services firms, this may require more structured reporting cycles, compliance dashboards and formal verification processes.
How WorkPro Supports Professional Services Firms
Preparing for 2026 does not require adding layers of administrative burden. It requires smart, integrated systems that deliver clarity and traceability.
WorkPro supports professional services firms by:
- Delivering structured onboarding workflows with documented compliance checkpoints
- Providing digital verification
- Supporting workforce screening and credential validation
- Centralising compliance documentation for audit readiness
- Enabling visibility across teams, locations and reporting lines
As regulatory scrutiny increases, firms need the ability to demonstrate prevention measures, workforce training completion, verification status and governance oversight without relying on fragmented systems or manual tracking.
By consolidating compliance activities into a streamlined platform, HR leaders gain greater control over documentation and reporting. Directors and officers benefit from clearer oversight, while operational teams reduce administrative duplication.
The result is a more confident approach to compliance, one that aligns HR processes, WHS obligations and governance responsibilities within a single, transparent framework.
Compliance in 2026 and Beyond
Professional services firms entering 2026 face a clear expectation: compliance must be active, documented and verifiable.
Increased enforcement of positive duty, stronger psychosocial risk scrutiny, hybrid work responsibilities and heightened director accountability all point to one direction. Prevention, oversight and documentation are no longer optional enhancements. They are regulatory requirements.
Explore how WorkPro can strengthen your compliance systems, simplify documentation and support confident governance in 2026 and beyond.
