The NSW Government has issued the terms of reference for its independent review of SafeWork NSW.

The state has set up the review to examine SafeWork NSW’s performance of its regulatory functions (including educational functions) under the Work Health and Safety Act 2011 (NSW).

The review - to be run by Robert McDougall KC - is to be “an inquisitorial rather than adversarial process”, according to the NSW Government. 

While specific cases and detailed issues raised can be considered as part of the review, it will not make determinations relating to specific work health and safety cases, instead, the focus will be on identifying deficiencies and recommendations at the organisational level.

It will inquire into, report on and potentially make recommendations as to:

  • The performance and effectiveness of SafeWork NSW’s compliance and enforcement functions; considering complaints, inspections, investigations, and prosecutions, and will include consideration of SafeWork’s Triaging and Investigation Decision Making Panel processes

  • The performance and effectiveness of SafeWork NSW’s educational functions

  • The governance and culture of SafeWork NSW, including complaints as to alleged unlawful or undesirable conduct in the workplace

  • Appropriate measures to ensure that workers and their representatives (including Health & Safety Representatives), and the families of injured and deceased workers, have a genuine voice in the complaints, investigation, and enforcement processes

The state government says it expects the review will involve: 

  • Interviews with current and former SafeWork NSW staff

  • Interviews with representatives from other stakeholders (including, but not necessarily limited to, the Family and Injured Workers Support Group, industry and union representatives)

  • Review of documents from SafeWork NSW, relevant Parliamentary documents and reviews, media articles and other relevant sources

  • Review of relevant enabling legislation including the Work Health and Safety Act 2011 (NSW)

  • Seeking and considering feedback obtained through a targeted stakeholder consultation and open public consultation (including a public call for submissions based on the Terms of Reference)

An interim report should be provided to the responsible Minister by May 31 next year, with a final report to be provided by 29 November, 2023.