What the Law Expects vs What Occurred

What the law expects (in general terms)

Under NSW work health and safety and workers compensation frameworks, once an employer is on notice of a work-related psychological injury or alleged psychosocial hazard:

• The employer is expected to take reasonable steps to ensure the worker is not exposed to further harm

• The employer and insurer are expected to cooperate in injury management, including early planning for recovery

• Communication should be clear, timely, and proportionate

• Workers should not be isolated or left without a nominated support contact

• Return-to-work planning should be supportive, medically informed, and collaborative

• Complaints to regulators should not, of themselves, place a worker at a disadvantage

These expectations are preventative in nature.

They are designed to reduce risk, not escalate conflict.

What occurred (as reflected in the record)

Based on the contemporaneous correspondence:

• I repeatedly requested mediation, support, and a return-to-work pathway

• No peer support contact or return-to-work plan was provided during this period

• Communication was redirected to external legal representatives

• Contact occurred while my workers compensation claim status was unresolved

• I documented distress and requested that the contact cease

This post does not determine whether statutory obligations were breached.

It records that the outcome I experienced differed from the protective and restorative purpose the framework is intended to serve.

⸻

What I asked for (in writing)	What I received
A safe work environment	Ongoing uncertainty and distress
Mediation to resolve concerns	Legal correspondence
A support network of colleagues	No nominated peer or internal support contact
A return-to-work plan aligned with recovery	No return-to-work plan during this period
Clear, human communication	Formal, indirect communication
Space from those I said were causing harm	Continued contact via representatives
Assistance after a regulator complaint	Escalation into adversarial process

This table does not allege wrongdoing.

It reflects a mismatch between what was requested and what was experienced.

⸻

Why This Matters

Psychological injury is not resolved through silence or procedural distance.

The statutory frameworks governing work health and safety and workers compensation exist to prevent further harm, not to compound vulnerability through delay or isolation.

This record explains why I continued to ask — calmly and consistently — for the same things:

• safety

• support

• and a lawful pathway back to work

This section is based solely on contemporaneous written communications and is included for explanatory purposes.

⸻

Statutory Context (Reference Only)

Work Health and Safety (NSW)

1. Work Health and Safety Act 2011 (NSW)

• Establishes a primary duty on a person conducting a business or undertaking (PCBU) to ensure, so far as is reasonably practicable, the health and safety of workers.

• Health includes both physical and psychological health.

• The Act is preventative in purpose.

2. Work Health and Safety Regulation 2017 (NSW)

• Supports the Act by setting out risk management processes, including identifying hazards, assessing risks, and implementing controls.

• Applies to psychosocial hazards as part of workplace risk management.

⸻

Workers Compensation and Injury Management (NSW)

3. Workers Compensation Act 1987 (NSW)

• Governs compensation entitlements for work-related injury.

• Contains provisions relating to reinstatement, injury status, and compensation processes.

4. Workplace Injury Management and Workers Compensation Act 1998 (NSW)

• Establishes the injury management framework.

• Emphasises early, coordinated, and cooperative injury management.

• Contemplates employer, insurer, worker, and treating practitioner participation in recovery and return to work.

5. NSW Injury Management Guidelines (issued by SIRA NSW)

• Provide operational guidance on injury management expectations.

• Emphasise early contact, worker participation, and suitable duties planning.

• Support a recovery-oriented approach rather than adversarial escalation.

⸻

Complaints and Regulatory Engagement

6. Role of SafeWork NSW

• Receives complaints regarding workplace health and safety matters.

• Has functions relating to inspection, advice, and compliance.

• Complaints are intended to support risk prevention and worker safety.

⸻

Fair Work Framework (Commonwealth)

7. Fair Work Act 2009 (Cth)

• Provides mechanisms relating to workplace rights, adverse action, and anti-bullying orders.

• Operates alongside, but separately from, NSW workers compensation and WHS schemes.