The WHS regulator was notified of serious psychosocial hazards on 11 December 2021.
By 11 January 2022, it had done nothing. No response whatsoever.
That is a matter of record.
On 11 January 2022, after waiting an entire month with no response, I followed up with SafeWork NSW regarding my Speak Up report (Reference: SUP-1112-130101).
What followed was silence.
Silence, definitely in this context, is not neutral.
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“I request an update…”
That email was written after prolonged harm, after being forced to navigate systems that were meant to protect me but did not, and after placing trust—again—in a regulator to act.
In that email, I said plainly:
- There had been no procedural fairness
- Psychosocial hazards were not being taken seriously
- The system had failed to act despite being formally notified
I also said something that should never need to be said to a safety regulator:
There are no innocent bystanders.
Because by that point, the silence was no longer passive.
It had become participation.
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When “Speak Up” Leads to Nowhere
The Speak Up system is supposed to mean something.
It is supposed to signal that when a worker reports harm:
- someone will listen
- someone will assess
- someone will act
But one month of silence after a report of serious psychosocial hazards does not communicate safety.
It communicates:
- that harm can be reported—and ignored
- that evidence can be provided—and not examined
- that escalation does not lead to intervention
And when the worker follows up, still deteriorating, still asking for help, and instead the silence continues, at that point, silence is not a gap.
It is a position.
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The Reality Behind “Mentally Healthy Workplaces”
SafeWork NSW promotes mentally healthy workplace strategies.
But systems are not measured by what they publish.
They are measured by what they do when tested.
In my case, the test was simple:
A worker reported serious psychosocial harm.
The regulator was notified.
And nothing happened.
That is not a breakdown in communication.
That is a failure to act.
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Awareness Is Not Action
In my follow-up, I challenged something fundamental:
Stop using awareness and training to cover inaction.
Because awareness without enforcement is not protection.
Training without intervention is not prevention.
You cannot promote mental health strategies publicly while failing to act when harm is formally reported.
That is a contradiction.
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What This Reflects — Then and Now
At the time, I drew a comparison that should concern anyone relying on these systems.
When fraud is suspected, systems move quickly.
When harm is reported, the urgency disappears.
That contrast reflects what is prioritised.
This is not something confined to January 2022.
This pattern—delay, deflection, and silence—has not meaningfully changed.
The failure to respond is part of a broader, ongoing experience.
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The Human Cost of Silence
By January 2022, this was no longer just a complaint.
It was survival.
I said clearly in my correspondence:
- I was not okay
- The harm was ongoing
- The situation had become unbearable
Silence compounds the harm.
When the regulator remains absent, the message is unmistakable:
You are on your own.
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What That One Month Exposed
The period between 11 December 2021 and 11 January 2022 revealed something critical:
- A regulator notified of harm - again
- A formal reporting channel used
- A worker actively seeking intervention
- And no response
That inaction shows how the system operates when it is actually relied upon.
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Legal and Regulatory Accountability
SafeWork NSW has obligations under the Work Health and Safety Act 2011 (NSW) to:
- respond to reported risks
- address workplace hazards
- enforce compliance
Psychosocial hazards are recognised, serious workplace risks.
A failure to respond to a formal report raises serious questions about whether those obligations were met, not just then, but in how similar reports continue to be handled.
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The Question That Still Stands
One month after a Speak Up report:
- no response
- no engagement
- no action
So the question is:
What is the purpose of reporting psychosocial hazards if the regulator does not respond?
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Closing
This is a documented example of how a system behaves under pressure, and how that behaviour continues to affect real people.
A report was made.
Time passed.
Nothing happened.
And the consequences of that silence did not end there.
The harm continued…
And the wage theft also continued…
Source: contemporaneous record of events - Document 245.
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Reference: What SafeWork NSW Says Should Happen
SafeWork NSW – Incident response and investigations: Customer Service Standard (What to expect)
This Customer Service Standard sets out how SafeWork NSW says it will respond when notified of a workplace incident, including serious safety risks and work-related illness. It outlines both the investigation process and how people affected are to be engaged, assessed, and kept informed throughout.
According to the standard:
- Incidents are triaged and assessed to determine an appropriate regulatory response
- Inspectors are expected to take action and begin collecting information about the incident
- Investigations involve gathering evidence, including speaking with affected persons, reviewing documents, and testing what has occurred
- SafeWork NSW will communicate outcomes of the initial response, provide updates during any investigation, and inform affected individuals of the final decision
These are not optional steps. They are the stated standard.
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How This Relates to My Lived Experience
My experience did not reflect this standard.
It did not begin with silence. It began with how the matter was handled when I sought help.
Instead of an objective, evidence-based response:
- the inspector accepted the account of the employer representative—the very individual I had identified as responsible for the ongoing harm
- my own account, as the affected worker reporting serious psychosocial risk and fearing for my safety, was not treated with the same weight or scrutiny
- there was no meaningful attempt to test competing accounts, gather evidence, or verify what had actually occurred
This is directly inconsistent with the standard’s requirement to collect information, assess the incident, and determine whether a breach of work health and safety laws has occurred.
I had approached SafeWork NSW because:
- there were no effective control measures in place to stop ongoing harassment and intimidation
- I was not being protected by the employer or insurer, despite clear work health and safety duties of care
- external avenues, including an attempted APVO, had failed to recognise the seriousness of what was occurring - see http://mystory-myvoice.blogspot.com/2025/07/apvo-court-registrars-response.html
This was sustained, escalating workplace conduct that extended into:
- my private communications
- my interactions with my union
- and even my medical spaces
In that context, an evidence-based investigation—grounded in independent assessment, not reliance on a single party’s account—was critical.
That did not occur.
Instead, the process reflected:
- acceptance of the employer’s version without verification
- failure to investigate whether protections were in place or being implemented
- failure to assess whether work health and safety obligations were being breached
What followed that initial failure was silence, after I formally tried a second time to escalate the matter through the Speak Up online form on 11 December 2021.
SafeWork NSW's own Customer Service Standard compared with what occurred in practice. This was not delay. It was dismissal, followed by silence. |
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The Gap
The Customer Service Standard describes a process that requires:
- independent information gathering
- objective assessment of risk and potential breaches
- and ongoing communication with affected individuals
My experience reflects the opposite:
- one-sided acceptance instead of investigation
- failure to test evidence or protect the reporting worker
- silence following formal escalation
This is serious because it goes directly to whether SafeWork NSW is meeting its own stated standards when a worker reports serious psychosocial hazards and seeks protection.