SafeWork NSW to Become Independent Regulator from 1 July 2025
A new era of workplace health and safety is underway in New South Wales.
From 1 July 2025, SafeWork NSW will begin operating as a stand-alone, independent regulator, backed by strengthened enforcement powers and a broader mandate to protect workers across the state.
This significant reform is part of the NSW Government’s commitment to ensuring safer workplaces, more effective regulation, and better support for injured workers.
New Powers for Unions and Regulators
Under the reform package, unions and other authorised parties will be granted expanded roles in supporting safe workplaces, including the ability to:
- Gather evidence related to work health and safety breaches
- Initiate prosecutions for serious WHS incidents
- Access more data and information related to incidents, risks, and employer compliance
These powers aim to ensure greater accountability and quicker intervention when safety concerns arise.
Extended Time Limits for Prosecution
Another critical change is the amendment to WHS prosecution timelines. Courts will now be able to extend the standard two-year time limit for initiating WHS prosecutions where it is deemed to be in the “interests of justice.”
This change reflects the complexity and sensitivity of many WHS investigations—particularly those involving long-term harm or psychological injuries—and ensures that valid cases are not excluded due to rigid timeframes.
iCare Workers’ Compensation Scheme: Reform in Focus
The reforms also target long-standing concerns with the iCare workers’ compensation scheme, which has faced criticism for failing to adequately support certain categories of injured workers—especially those suffering from psychological injuries.
Planned improvements include:
- Better support and tailored services for workers experiencing mental health injuries
- A stronger focus on early intervention and rehabilitation
- Improved return-to-work outcomes, helping injured employees re-enter the workforce safely and sustainably
These changes aim to reduce delays, improve health outcomes, and deliver a more compassionate, effective system.
What This Means for Employers and Workers
With a more empowered regulator, longer prosecution windows, and greater scrutiny of workplace practices, employers should take immediate steps to:
- Review and update WHS risk management systems
- Strengthen mental health support for staff
- Ensure transparency and cooperation with regulatory and union bodies
- Investing in proactive WHS compliance and staff wellbeing will not only help meet new legal obligations—it will also contribute to a healthier, more resilient workforce.