Welcome to our National Safety Update for July 2026. Please reach out to the authors or the Workplace Relations team in your local HWLE office should you have any questions or require assistance.

New South Wales

Company and officer guilty over falling steel gate

A recent District Court of NSW decision reinforces the critical role directors play in managing workplace safety risks. Following a serious gate-related workplace incident, the Court found significant failures in risk assessment, training, supervision, and due diligence, providing important guidance on officers’ obligations under the WHS Act.

This article was written by Greg McCann, Partner. 

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South Australia

Effective controls key to avoiding prosecution

Falls from height still remain one of the most significant causes of serious injury and subsequent prosecution for breach of duties. A construction company has been fined $78,000 after a worker fell three metres from a partially installed staircase in the Adelaide CBD, in an incident that demonstrates how quickly things can go wrong when controls are not properly implemented.

This article was written by Chris Morey, Special Counsel, and reviewed by Clare Raimondo, Partner. 

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Management of psychosocial hazards and sexual and gender-based harassment – New Codes of practice

SafeWork SA has recently introduced Codes of Practice to support employers in managing psychological hazards and sexual and gender-based harassment in the workplace. The guidance focuses on prevention, clear risk management processes and appropriate responses to complaints and incidents. Employers are encouraged to review their current practices and take proactive steps to ensure they are aligned with the Codes.

This article was written by Jessica Nicholls, Partner, and Elizabeth Macey, Special Counsel. 

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Victoria

Disability care prosecution highlights breadth of OHS duties

A Home Care Provider in Victoria has received a significant fine for failing to ensure the health and safety of a home care patient. Amicus Community Services faced the County Court of Victoria in its breach of the Occupational Health and Safety Act, where the home care patient fell from her bed onto an alert mat, but the home care employee failed to respond to the alerts, which lead to the death of the patient.

This article was written by Tony Lawrence, Partner, Greg McCann, Partner, Nick Zavattiero, Solicitor, Charlie-Ashe Humfrey, Graduate, and Laura Walsh, Law Clerk. 

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Western Australia

WA safety update: Enforcement, new guidance material and the first statutory review of the WHS Act

The latest safety update from Western Australia underscores the consequences of failing to understand how safety duties apply, with significant fines following a fatal transport incident involving multiple PCBUs with overlapping duties. This quarter we also examine the draft Code of Practice on Workers’ Accommodation and review of the Work Health and Safety Act 2020 (WA) – both open for public comment. Together, these developments point to a continued regulatory focus on concurrent duties, psychosocial risks, accountability, and evolving work arrangements.

This article was written by Danielle Flint, Partner, and Audrey Ooi, Associate. 

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