NSW Government intends to transform SafeWork into an independent regulatory body

NSW Government Intends to Transform SafeWork Into an Independent Regulatory Body

NSW Government has affirmed dedication to ensuring workers benefit from strong legal protections and effective regulatory oversight by presenting a bill to State Parliament that seeks to establish SafeWork NSW as an independent statutory authority.

In short: once enacted, SafeWork NSW will become a standalone regulator with its own governance structure, supported by a new Advisory Council focused on work health outcomes across the state.

Why SafeWork NSW Is Transitioning to an Independent Statutory Regulator

The new organisational structure will position SafeWork as a formidable and well-suited regulator, adept at ensuring safety and health management across workplaces throughout the state. Under this model, SafeWork NSW is now operating toward becoming an independent entity with clearer authority over compliance and enforcement decisions.

Reshaping SafeWork NSW in this way brings its governance closer to arrangements seen in other Australian jurisdictions, where standalone regulators oversee workplace safety without competing departmental priorities.

Role of the New Advisory Council

Legislation will create a new Advisory Council tasked with offering guidance to the Minister for Work Health and Safety and SafeWork NSW on strategies to assist both employees and employers in fostering safest work environments possible. This body will play a central role in shaping risk management priorities and compliance frameworks going forward.

Council membership will consist of representatives from employer associations, trade unions, a workplace health and safety expert, plus a representative who champions rights of injured workers and their families. Their combined expertise supports risk management decisions that reflect both employer obligations and worker welfare.

What This Means for Risk and Psychosocial Hazard Management

An independent regulatory body typically brings sharper focus to emerging risk management challenges, including psychosocial hazard management, a growing concern across construction, manufacturing, and healthcare sectors. As SafeWork NSW transitioned toward greater autonomy, businesses should expect closer scrutiny of how psychosocial risks are identified and controlled.

Effective risk management now requires organisations to strengthen internal controls addressing both physical and psychological hazards. Employers preparing for this shift should review existing safety management systems to ensure they align with evolving compliance expectations under an independent statutory regulator.

Practical Steps for Businesses

• Review current work health and safety management systems against anticipated regulatory changes.
• Strengthen documentation of risk controls, particularly for psychosocial hazards.
• Engage with industry associations to stay informed as SafeWork NSW becomes a standalone regulator.
• Monitor guidance released during the transition period for compliance updates.

For further context on how SafeWork NSW has been strengthening its regulatory role, see our coverage of the first SafeWork NSW Commissioner appointment and the earlier Statement of Regulatory Intent released during COVID-19.

Businesses looking to strengthen their safety management documentation ahead of these changes can also explore our guide to integrating SafetyDocs templates with SafetyCulture for streamlined compliance record-keeping.

Read more here.