Welcome to HWLE Lawyers’ National Safety Update for October 2025.

This edition includes safety articles from across Australia, where it is evident that safety regulators and courts continue to enforce safety laws with a clear emphasis on psychosocial and psychological risk management. The safety bar is being continually raised for not only physical hazards, but also for psychological hazards, as can be seen with Victoria’s new psychological health compliance code and regulations. Safety laws are never static.

New South Wales

Directors and PCBU convicted and fined

A Sydney indoor climbing gym and its two directors have been convicted and fined following a fatal incident involving faulty climbing equipment. The investigation found that critical maintenance and inspection procedures had been ignored, with servicing overdue by several months. The gym was fined $281,250 and each director received a criminal conviction along with a $112,500 fine. This serves as a strong reminder of the responsibilities businesses and directors hold under the Work Health and Safety Act 2011.

Click here to read more.

South Australia

Beware fake SafeWork Inspectors!

SafeWork SA has issued a warning after a man impersonated a workplace Inspector and conducted fake roadside drug and alcohol tests on two workers in Victor Harbor. The incident, now under police investigation, serves as a reminder that genuine Inspectors always carry official photo ID, wear branded uniforms, and never conduct random night-time drug testing. Employers and workers are urged to remain vigilant and verify credentials when in doubt. The article also outlines the legitimate powers and procedures of SafeWork SA Inspectors under WHS laws.

Click here to read more.

Victoria

Implementation of legislative changes: Increased employer duties regarding employee psychological health in the workplace

New regulations coming into effect on 1 December 2025 significantly expand employer responsibilities to protect employees’ psychological health in the workplace. With psychosocial risks now treated as seriously as physical hazards, businesses must review their current practices to ensure compliance. Find out what these changes mean for your organisation.

Click here to read more.

Western Australia

Safety context: The legal consequences of mishandling sexual harassment complaints

The Fair Work Commission’s ruling in Sewell v dnata Airport Services serves as a strong reminder that mishandling sexual harassment complaints can lead to costly legal outcomes. The employer’s vague findings, delayed communication, and refusal to adjust work arrangements left the complainant feeling unsafe and unsupported, resulting in a successful unfair dismissal claim. This decision reinforces the need for clear communication, risk-based operational decisions, and close collaboration between HR and Safety teams. Employers should treat psychosocial complaints not just as HR matters, but as serious safety risks.

Click here to read more.