Welcome to the HWL Ebsworth National Safety Update for June 2025.

The new financial year has officially begun. With fresh budgets now in place, and updated strategies and safety priorities taking shape, now is the ideal time to ask: What is our safety focus, and how will it support us safely through the next 12 months and beyond?

Engaging in consultation with your personnel, community, industry partners and regulators, will be key to answering these questions and setting a strong foundation for the year ahead.

The below suite of articles, prepared by our safety and employment specialists across Australia, provide current information from the Safety Regulators and Courts on how safety laws are being applied across several industries.

Australian Capital Territory 

Increased penalties for company and managers for obstructing union officials investigating suspected WHS breach

The Federal Court of Australia has reaffirmed that in the absence of agreement between the parties, courts must impose separate penalties for each contravention of the Fair Work Act 2009 (Cth) (FW Act), rather than applying a global penalty. The decision also highlights the seriousness of hindering workplace safety investigations and the relevance of contrition in determining penalties for hindering or obstructing union officials in exercising their rights under the FW Act.

Click here to read more.

New South Wales

Principal contractor not guilty in NSW WHS prosecution 

In a recent NSW case, Civil 1 Pty Ltd was prosecuted following a scaffolding collapse during demolition works that injured a pedestrian and damaged property. The Court ruled the company was justified in relying on the qualified scaffolding contractor’s advice that the structure was safe, resulting in a not guilty verdict on key WHS duty charges. However, the company was found to have breached a Prohibition Notice by working within a restricted zone, with penalties yet to be determined. This case highlights the importance of clear roles and responsibilities between principal contractors and specialist subcontractors in managing site safety risks.

The NSW Government has just passed legislation to amend the Work Health and Safety Act. Some of the key changes expand the union rights upon entry to a workplace, union rights to commence WHS prosecutions, and the requirement of a PCBU to notify SafeWork if they are issued with a provisional improvement notice.

Further, the NSW Industrial Relations Commission is now empowered to issue orders to stop workplace bullying and sexual harassment in State public sector, local government workplaces and other businesses not covered by the Fair Work Act. We will be issuing a further article on these changes, once the commencement dates are determined. 

Click here to read more.

South Australia 

Forklifts still a danger!

SafeWork SA is escalating its level of prosecutions, resulting in many more convictions and significant financial penalties for employers. Unfortunately, forklifts are still featuring as a significant safety risk in far too many of these cases.

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Victoria 

Workplace negligence and industrial manslaughter – a sobering reminder for Victorian employers

A sobering reminder of the consequences of failing to prioritise occupational health and safety measures has recently been provided by the Court of Appeal in Victoria. In a landmark prosecution involving LH Holding Management Pty Ltd, the Court of Appeal more than doubled the fine imposed in the first instance thus setting a clear benchmark for what constitutes unacceptable risk in the workplace and increasingly severe consequences for employers that are found to have engaged in negligent conduct.

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Western Australia

The future of safety laws in WA: Climate, culture and compliance 

Western Australia may be on the cusp of significant workplace safety reform, with climate change, gender-based safety, and work intensification emerging as key areas of focus post-2025 state election. WA Labor’s platform signals possible changes to WHS laws, including climate-resilient regulations, enhanced fatigue management, and stronger protections for women in the workplace. At the same time, recent court decisions show increasing judicial scrutiny and steep penalties for preventable safety breaches. Employers should expect rising expectations for proactive, risk-based safety management and prepare for greater regulatory enforcement.

Click here to read more.