In a move that is likely to see a greater increase in prosecutions in New South Wales, the NSW Government recently announced that SafeWork NSW will become an independent regulator. 

This decision follows the recommendations of an independent report examining SafeWork, which found deficiencies in SafeWork’s ability to respond to and manage the volume of incidents being reported. To improve performance, SafeWork staff will move out from the Department of Customer Service.

The statutory change is also expected to result in processes for requiring those affected by workplace incidents, including families of deceased workers and those seriously injured at work, to be kept up to date by SafeWork regarding the progress of investigations and prosecutions.

With the focus on psychosocial risks, the standalone SafeWork agency will also train more inspectors in dealing with psychosocial hazards in the workplace. There is an expectation that the report’s recommendation for SafeWork to review its complaint-handling procedures, and how it collects and analyses data to assist with compliance and enforcement decisions, will also be implemented.