Lithium-Ion:
The Regulatory Storm.
The rules are tightening. From the Product Lifecycle Responsibility Act 2025 to the requirement to maintain fire safety measures to AS 1851-2012, NSW is paying far closer attention to lithium-ion (Li-ion) batteries, and so are insurers and regulators.
Foreword
At Compliance Ready, we don't mince words. Lithium-ion batteries reflect the greatest technological leap in energy density in the last century, but they also represent the greatest emerging fire risk to commercial internal infrastructure. For years, facility managers have treated e-bikes, UPS systems, and cordless tool banks as "standard office equipment." That era is dead.
If your organisation answers "Unsure" when asked about lithium-ion safety, we treat that as a priority gap. "Unsure" usually means there is no risk assessment and no one is overseeing the hazard. Under WHS law, a PCBU must manage foreseeable risks so far as is reasonably practicable, and lithium-ion fire is now a well-known risk.
The 2026 Context
NSW ALERT: 13 February 2026
Section 81A of the EP&A (Development Certification and Fire Safety) Regulation 2021 now requires maintenance of each essential fire safety measure to be done in accordance with AS 1851-2012, unless an approved performance solution covers it. Where emergency planning is one of your building's essential fire safety measures, Section 14 applies, and its yearly inspection checks that the emergency plan is still relevant. A plan that ignores the batteries now in your building is hard to call relevant.
Our View
"If you store or charge lithium-ion batteries in bulk, your emergency plan should say so, and your fire safety records should show it has been reviewed."
1. The Product Lifecycle Responsibility Act 2025
NSW passed this Act in 2025. It sets up a framework for product stewardship schemes that hold brand owners and suppliers responsible for products across their life cycle. Batteries are the first product category, with the detail set by regulations from the NSW EPA.
What does this mean for your business?
The main obligations fall on brand owners and suppliers, not on the businesses that use batteries. But the direction is clear: batteries should not go in general waste. We recommend keeping a simple register of the batteries and chargers on site and how you dispose of them. Check the NSW EPA for the current status of the regulations and what applies to you.
Declared Electrical Articles
NSW Fair Trading has introduced product safety rules for e-bikes, e-scooters and their batteries and chargers. These mainly bind suppliers. For your site, the practical step is to allow only compliant, certified devices and chargers. Check NSW Fair Trading for the current requirements.
Environmental Duty of Care
Damaged lithium-ion batteries need careful handling and disposal. Treat any battery with swelling, discolouration or terminal corrosion as a fire risk, isolate it, and dispose of it through an appropriate battery recycling or hazardous waste service.
2. AS 1851 vs AS 3745: The Servicing Disconnect
This is where many facilities slip. They assume their fire contractor is looking after the batteries because they check the extinguishers. They usually aren't.
Standard fire maintenance (extinguishers, hydrants) focuses on **suppression**. Lithium-ion safety depends on prevention, emergency planning and EPC oversight.
3. Sector-Specific Notes
When we assess a high-risk facility, these are the gaps we look for:
Childcare (Reg 97)
Centre-based services must rehearse emergency and evacuation procedures every 3 months under regulation 97 of the Education and Care Services National Regulations. If your centre uses lithium-powered equipment (vacuum cleaners, tablets, kitchen appliances), we recommend some rehearsals include a battery fire scenario. Children move more slowly, so the toxic gas and vapour cloud risk from a charging device matters even more.
Aged Care (Act 2024 Context)
Under the Aged Care Act 2024, providers owe residents a duty of care. If moving a resident with a powered wheelchair takes minutes, but a battery fire can escalate in seconds, the emergency plan needs to account for that. We recommend reviewing it against current residents and devices at least every 6 months.
4. The "Unsure" Response: A Warning Sign
"We are unsure of our current lithium-ion charging policy."
"Unsure" suggests the Emergency Planning Committee (EPC) has not identified a known, significant hazard. Under the Work Health and Safety Act 2011 (NSW), officers must exercise due diligence, which includes knowing about the hazards of the business. You cannot hand off the responsibility to know whether your building is at risk of a thermal runaway event.
"If you are unsure about your battery safety, you will struggle to show you have done anything. After an incident, that is a hard position to defend."
— Compliance Ready
5. The 2026 Lithium-Ion Checklist
We recommend checking your facility against these points:
Physical Separation
Are charging zones kept well clear of paths of travel to an exit?
Suppressant Technology
Have you considered specialised extinguishing agents such as F-500 or AVD? (Our recommendation, not a legal requirement.)
Vapor Management
Has ventilation of the charging area been assessed for vapour cloud risk?
RCM Verification
Are all chargers on site marked with the Regulatory Compliance Mark (RCM)?
EPC Minutes
Did the last EPC meeting (within 6 months) address battery risk?
Signage Standards
Are charging areas marked with clear lithium-ion warning signs?
Conclusion: Our Verdict
Compliance in 2026 is no longer about checking a box. It is about **Engineering a Defense**.
The NSW fire safety landscape has changed. Between the Product Lifecycle Responsibility Act and section 81A's requirement to maintain fire safety measures to AS 1851, commercial buildings in NSW are under closer scrutiny. If your emergency documentation is more than 6 months old, or you are unsure about your lithium policy, fix it now.
Protect Your
People and Directors.
Run your facility through our Assessment Audit. We'll find your gaps before an incident does.
Compliance Ready | Technical Guide | Rev 2.1 (October 2026)