New South Wales Government

WorkCover NSW’s role is to protect the safety of NSW workers and to maintain the integrity and fairness of the state’s Work Health and Safety legislation and the Workers Compensation System.

WorkCover NSW is the regulator that promotes safe practices in the workplace and the prompt, efficient and effective support for injured workers.

The NSW economy represents about a third of all business in Australia. Important to the NSW economy is the primary importance of safe and healthy workplaces and helping those who are injured at work to get back to work.

WorkCover helps employers to achieve safer workplaces through educational material, workplace advisory visits, partnerships and alliances, research grants, training, its mentor program and through the WorkCover Assistance Service on 13 10 50.

WorkCover also issues licenses and regulates the system for high risk work activities such as working with fireworks or heavy machinery.

When an incident occurs or workers compensation fraud may have taken place, WorkCover sends inspectors to carry out investigations.

These investigations help WorkCover determine exactly what caused the incident, the lessons learnt to improve workplace safety and prevent injuries , and whether prosecution is warranted.

During our investigations we liaise with other agencies to determine jurisdiction and which agency has the lead role in an investigation.

The community expects appropriate penalties when work health and safety legislation is ignored, evaded or breached, or fraudulent behaviour is detected on the Workers Compensation Scheme.

A number of issues are taken into consideration when determining whether to commence a prosecutions. We set out these considerations in the WorkCover’s compliance and prosecution guidelines.

In a workplace fatality the Coroner may also be involved to determine the manner and cause of death and WorkCover may provide its investigation report to assist the Coroner. The evidence from the Coronial Inquiry may also be used by WorkCover in any prosecution we commence.

WorkCover also considers the impact on the worker and/or the family and provides a counselling service during the investigation and any prosecution through the Court.

Prosecution is generally only considered when the significance of the offence warrants a strong response that can act as a deterrent.

WorkCover will consider the impact of the business so that lessons can be learnt from the incident and a positive workplace health and safety culture can be developed.

We have provided direct links to all successful prosecutions.

We also provide trend data on incidents and prosecutions as set out below.

It is important to note that many businesses have taken significant steps following an incident in their workplace to change their culture, review their processes or look to provide stronger controls to mitigate future risk or remove the risk altogether. However, a minority of businesses do not respond in an expeditious way to workplace health and safety issues. WorkCover is refocusing our efforts on ensuring that regardless of whether or not we prosecute that it is proactive in assisting a business to understand any lessons to be learnt.

WorkCover can assist your business in improving your work health and safety through mentor programs, partnerships and advice. You can contact us on 13 10 50.

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