WHS Due Diligence for CEOs, Directors and Managers – NSW edition
The Role of SafeWork NSW
Functions of SafeWork NSW include:
- Providing advice and information
- Promoting and supporting training and education
- Fostering a cooperative, consultative relationship
- Monitoring and enforcing compliance including conducting & defending prosecution.
Examples of Powers of Inspectors
- Inspectors may enter a workplace with or without the consent of the PCBU but can also be explicitly called into workplaces to help resolve disputed matters.
- An inspector entering a workplace may require a person to provide documents, information and answer questions. Written notice must be given to the relevant person to this effect unless the circumstances require the inspector to have immediate access to this information.
(An answer to a question or information or a document provided is not admissible as evidence against that individual in civil or criminal proceedings other than proceedings arising out of the false or misleading nature of that information)
Nothing in the Act requires a person to produce a document that would disclose or provide information that is the subject of legal professional privilege.
Safework NSW Escalating Approach to WHS Compliance
The National Compliance and Enforcement Policy (NCEP) includes the following diagram which represents how WHS regulators, including SafeWork NSW, can use compliance and enforcement tools in a proportionate way, and the ability to escalate if an initial intervention does not achieve the desired outcome.
ENCOURAGING AND ASSISTING WITH COMPLIANCE
Information, Guidance, Education and Advice
DIRECTING COMPLIANCE
E.g. Improvement Notices, Prohibition Notices, Non Disturbance Notices
SANCTIONS
Regulator Sanctions
Suspension, cancellation, revocation of authorisations,
infringement notices, enforceable undertakings.
Court Sanctions
E.g. Criminal Penalties, Court orders including injunctions, Training orders