The Review, headed by Retired Supreme Court Judge Hon. Robert McDougall KC, was established in October 2022 and is tasked with investigating the effectiveness of the state’s work health and safety body, SafeWork NSW.

The review was commissioned in response to criticisms of SafeWork that had appeared in various media. Those criticisms are summarised in this interim report as follows:

a. that SafeWork is slow to act on safety warnings;
b. that on-site inspections are too slow and too rare;
c. that serious safety breaches are not investigated adequately;
d. that inspectors are subject to pressure or interference directed at their decisions regarding investigations, fines, notices and recommendations for prosecution;
e. that the process for deciding on whether matters should be prosecuted is flawed. Related to this, that inspectors’ recommendations regarding prosecution or other enforcement action are ignored;
f. that there is inadequate resourcing of enforcement and prosecutions;
g. that there is a high turnover and a shortage of inspectors;
h. that there is a culture of bullying in the organisation and that employees are not listened to;
i. that SafeWork has lost its identity and is not independent. 

The scope of the Independent Review is therefore to inquire into, report on and where thought desirable make recommendations as to: 

1. The performance and effectiveness of SafeWork NSW’s compliance and enforcement functions. This part of the Review will consider complaints, inspections, investigations, and prosecutions, and will include consideration of SafeWork’s Triaging and Investigation Decision Making Panel processes.
2. The performance and effectiveness of SafeWork NSW’s educational functions.
3. The governance and culture of SafeWork NSW, including complaints as to alleged unlawful or undesirable conduct in the workplace.
4. Appropriate measures to ensure that workers and their representatives (including Health & Safety Representatives), and the families of injured and deceased workers, have a genuine voice in the complaints, investigation, and enforcement processes. 

The final report of this review is due by 29 November 2023