This year, Workplace Relations and Safety Minister Brooke Van-Velden undertook a ‘roadshow’, obtaining feedback from businesses about the current state of Health and Safety Law.
Unsurprisingly, businesses felt there was too much red-tape, and that it was difficult to understand and comply with the law.
In response, the Government announced plans to:
- Limit obligations for small, low-risk businesses to managing critical risks (those causing death, serious injury, or illness)
- Require managers, not just directors, to take a more active compliance role.
- Shift WorkSafe’s focus to critical risk management and education, reserving enforcement for serious cases.
These changes may ease the burden on businesses, however they raise questions about worker safety and whether reduced standards could lead to higher injury and fatality rates.
WorkSafe’s Statement of Intent
While we do not expect to see legislative change until 2026, we are already seeing a documented change to the role of WorkSafe.
On 4 December 2025, WorkSafe released its ‘Statement of Intent’ for 2025–2029. Beyond an explanation of this philosophical shift to education over enforcement, there are two material points in the statement that stand out to us:
- “…significant investment in inspector training and capability to ensure businesses experience consistent, constructive engagement across the country”; and
- “…fair, consistent action when obligations aren’t met, with greater use of enforceable undertakings as alternatives to prosecution.”
The second point is good news for businesses dealing with a WorkSafe investigation, which can be a lengthy and gruelling process, but often also a healthy shot in the arm because it shines a light on areas for improvement. A tilt towards use of enforceable undertakings may encourage greater co-operation which is a positive for all involved.
Our Health and Safety Law experts will keep you updated with the legislation’s amendments and are available to answer queries as businesses and others adapt to this radical overhaul of the law.
