The independent review of SafeWork SA, conducted by former WorkSafe Victoria executive director John Merritt, made 39 recommendations for strengthening the regulator's compliance and enforcement functions. The review was commissioned in September 2022, completed in December 2022, and released publicly on 25 January 2023. The SA Government accepted 25 recommendations, committed to further consultation on 10, and did not accept four.

The review did not focus exclusively on psychosocial hazards. It examined SafeWork SA's overall effectiveness across complaints, inspections, investigations, prosecutions, and stakeholder engagement. But the findings have direct implications for how SA's regulator enforces the psychosocial hazard regulations that came into effect on 25 December 2023.

What the review found

The review found that SafeWork SA had undergone significant reform over the previous five years, resulting in more disciplined and professional investigative processes. It concluded that injured workers and their families can be confident that future workplace tragedies will be properly investigated.

At the same time, the review identified that an excessive internal focus had come at the expense of the organisation concentrating on health and safety outcomes in the state. The review recommended that SafeWork SA make it easier for inspectors to spend more time conducting inspections rather than administrative work, and that the regulator work more closely with employer associations, trade unions, and health and safety representatives.

The SA Government established a SafeWork SA Advisory Committee in 2023 following the review, comprising representatives from employer organisations, unions, industry associations, and other stakeholders. The Committee's functions include advising on strategic priorities and improving collaboration between SafeWork SA and the organisations it regulates.

The review also recommended legislative amendments to the Work Health and Safety Act 2012, including reforms to information sharing with injured workers and their families, civil dispute resolution processes, and right of entry provisions. A consultation draft of the Work Health and Safety (Review Recommendations) Amendment Bill 2024 was published for stakeholder feedback.

SA's psychosocial regulatory framework

South Australia's psychosocial hazard regulations commenced on 25 December 2023, adopting the model WHS amendments. The regulations define psychosocial hazards and psychosocial risks, require PCBUs to manage those risks using the same risk management process applied to physical hazards, and set out the matters to consider when determining control measures.

The regulations are supported by a Code of Practice on managing psychosocial hazards at work, providing practical guidance on hazard identification, risk assessment, and control implementation.

The national pattern

SafeWork SA's review sits within a broader trend of regulator capacity building across Australia. NSW commissioned its own independent review (the McDougall Review, completed December 2023), which led to SafeWork NSW becoming a standalone regulator with a dedicated Commissioner and explicit recommendations for psychosocial inspector training. Victoria established a specialist Psychosocial Inspectorate. The Commonwealth established a Psychosocial Inspection Program under Comcare.

The direction is consistent. Regulators are not just setting psychosocial compliance expectations. They are investing in the organisational capacity, inspector capability, and stakeholder structures needed to enforce them. A review that recommends more inspector time in the field, stronger stakeholder advisory mechanisms, and legislative reform to enable better information sharing creates the infrastructure for sustained regulatory attention across all hazard categories, including psychosocial hazards.

Disclaimer: This article provides general information on psychosocial compliance in Australian workplaces. It does not constitute legal advice. Organisations should consult qualified professionals for advice specific to their circumstances. Information cited is sourced from SafeWork SA, the SA Attorney-General's Department, and the Premier of South Australia as of the date of publication.