Wednesday, April 29, 2026

“Is It Safe to Open?” What That Question Revealed About SIRA NSW - December 2021

“Don’t patronise me.”

That is how I responded.


Because by December 2021, this was no longer just about workplace harm or an insurer withholding statutory entitlements.


It had become something far more serious.


A regulator, with clear statutory functions, had been put on notice—and had failed to act.

 

I had received registered mail from SIRA NSW.


I didn’t open it. Not immediately.


The unopened file — when the system meant to protect you has already made itself unsafe.


Because by that point, every interaction connected to this process had become unpredictable, destabilising, and unsafe.


So I asked a simple question:


“Is it safe to open?”


The reply came from a SIRA NSW Senior Complaints Manager.


“Although it is up to your interpretation of what is ‘safe’ for you to open, SIRA would not send you anything that we identify as unsafe.”  


That response was not reassurance.


It was a deflection of responsibility.


It reframed safety as subjective—mine—while ignoring the context that had made that question necessary.


What followed escalated the situation.


I was informed that:

  • my complaint had been “finalised”
  • SIRA would not be engaging in further communication
  • my continued contact constituted an “unreasonable demand”
  • future correspondence may be filed without reply or restricted  

And then, framed as concern, came the most revealing part.


An offer to contact my treating practitioners—not to assist with my recovery, not to facilitate return to work, but to ensure I “understand that [my] complaint has been finalised.”  



How dare they.


That was not her place.


That was not SIRA’s role in that moment.


What SIRA was required to do—what it is legally empowered and obligated to do—was something entirely different.


They were meant to enforce compliance.



The insurer and the employer had clear statutory and work health and safety obligations.


They were required to:

  • contact my nominating treating doctor
  • engage with my treating health professionals
  • implement the agreed Injury Management Plan
  • develop a return-to-work plan aligned with that plan
  • support my safe recovery in my substantive role

They did none of this.


And yet I did.


Before the system broke down completely, I engaged properly.


I worked with my treating practitioners.


I worked with the case manager.


We agreed on an Injury Management Plan.


A lawful, structured pathway back to work.


A return to my role—


a secure, full-time position I had held for over twenty years,


at HEW 8 Step 4,


in a highly specialised professional capacity,


with a clear career trajectory ahead of me.



And then—


the case manager disappeared.


No replacement.


No continuity.


No enforcement.


No intervention.



So when SIRA’s senior complaints manager offered to contact my treating practitioners, it was not just inappropriate.


It was indefensible.


Because the only parties who had failed to engage those practitioners—


were the very parties SIRA was supposed to regulate.



At the moment I needed stability the most—


when my income had been withheld,


when my home was at risk,


when everything I had worked for was under threat—


SIRA chose to:

  • close the complaint
  • return the evidence
  • disengage from the substance
  • and communicate in a way that was dismissive, patronising, and degrading

That has consequences.



That moment—that tone—escalated my psychological injury.


It reinforced fear.


It placed me in a constant state of self-protection.


Trying to seek help from a system that had the power to stop the harm—


while bracing for further harm from that same system.



At no point did SIRA:

  • engage with the evidence I provided
  • explain any investigative process
  • outline findings
  • or demonstrate enforcement action

Instead, the file was closed.


Without transparency.


Without procedural fairness.


Without accountability.



The NSW public sector is bound by the Code of Ethics and Conduct.


It requires:

  • integrity
  • accountability
  • respect
  • acting in the public interest
  • fair and transparent decision-making

What I experienced was the opposite.


And it did not occur in isolation.


It occurred in the context of a regulator failing to perform its core function.



And then 2022 began.


Nothing reset.


Nothing improved.


The same regulator.


The same position.


The same absence of enforcement.


But the consequences for me continued.


No income I was legally entitled to rely on.


No enforced injury management.


No return-to-work pathway.


Only a system that had declared the matter “finalised,” while the underlying breaches remained.



I have recently lodged a formal complaint with the NSW Ombudsman.


That complaint addresses:

  • the conduct of the Senior Complaints Manager
  • and the broader maladministration of SIRA NSW

Because what occurred was not simply poor communication.


It raises serious questions about administrative conduct, regulatory failure, and accountability.



But as with all such processes—


it takes time.


And time is something injured workers do not have when:

  • their income has been unlawfully cut or withheld
  • their health is deteriorating
  • and their stability is under threat


There has already been a “special inquiry” into SIRA complaints handling, that was tabled in NSW Parliament in August 2025.


And yet—


nothing changed.


The same conduct.


The same approach.


The same harm.



So the question must be asked:


Was that investigation about reform—or about containment?


Because from where I stand—


the harm did not stop.


It continued.


So now I, as one of the “other” complainants in that “report”, is speaking up, just as I had informed SIRA NSW that I would be doing, if they continued to refuse enforcing statutory compliance on ALL KEY STAKEHOLDERS. 


Earlier in 2021, I told SIRA NSW that I would find other ways to be heard. 



WHS Duties vs Conduct — Legal Accountability Snapshot


Duties:

  • Ensure psychological safety
  • Prevent further harm where risk is known
  • Enforce compliance with injury management and return-to-work obligations
  • Act on credible evidence
  • Uphold fair, transparent regulatory processes


Conduct:

  • Failure to act on evidence
  • Premature closure of complaint
  • Return of records without explanation
  • Patronising and dismissive communication
  • No enforcement of insurer or employer obligations
  • Conduct that escalated psychological harm


Impact:

  • Aggravation of psychological injury
  • Ongoing financial harm
  • Loss of safety and trust in the system
  • Prolonged exposure to unresolved workplace risk


Where risk is known—and harm is foreseeable—


failure to act is not neutral.



Ministerial Accountability — This Sits With Government


SIRA NSW operates under the authority of the NSW Government.


Responsibility therefore extends beyond the agency.


It sits with the Minister for Customer Service and Digital Government, Jihad Dib, and ultimately the Premier, Chris Minns.


Where a regulator fails to:

  • act on evidence of statutory non-compliance
  • enforce obligations
  • uphold public sector standards
  • and protect an injured worker’s legal entitlements

that is not an isolated failure.


It is a failure of governance.



I asked if it was safe to open the mail.


But the real issue was never the package.


It was whether the system responsible for enforcing the law—and protecting injured workers—was functioning at all.


On the evidence available to me—


it was not.


And the wage theft continued…

Source: contemporaneous record of events - Document 233.



References & Frameworks


NSW Government Complaint Handling Policy


https://www.nsw.gov.au/departments-and-agencies/customer-service/publications-and-reports/complaint-handling-policy


Summary:

This policy sets the standard for how complaints must be handled across NSW Government agencies. It requires that complaints are:

  • Handled respectfully and fairly
  • Assessed objectively and without bias
  • Responded to in a timely and transparent manner
  • Used as an opportunity to identify and address systemic issues
  • Not dismissed or restricted without proper consideration and explanation

It also emphasises that complainants—particularly those in vulnerable circumstances—must not be treated in a way that discourages or penalises them for raising concerns.


Relevance to this post:

The premature closure of my complaint, the lack of transparency regarding any investigation, and the restriction of communication raise serious questions about compliance with this policy.


In addition, the conduct of the Senior Complaints Manager at SIRA NSW was degrading, dismissive, and unacceptable in the context in which I was engaging with the agency. Rather than responding with the care, objectivity, and professionalism required under the Complaint Handling Policy, the communication I received contributed to a heightened level of psychological distress at a time when I was already vulnerable.


This did not occur in isolation. It followed earlier interactions with SafeWork NSW that I experienced as dismissive and, at times, discriminatory from around September 2020. Instead of the complaint process acting as a safeguard against further harm, the manner in which my complaint was handled compounded that harm.


Taken together, these actions raise serious concerns as to whether the principles of respectful engagement, procedural fairness, and harm minimisation—central to the NSW Government Complaint Handling Policy—were upheld in practice.


NSW Ethical Framework & Code of Ethics and Conduct

https://www.nsw.gov.au/nsw-government/ethics-hub/ethical-framework-and-code-of-ethics-and-conduct-for-nsw-government-sector-employees


Summary:

This framework governs the conduct of all NSW public sector employees. It requires:

  • Integrity — acting honestly and in the public interest
  • Trust — delivering on commitments and acting transparently
  • Service — placing the public at the centre of decision-making
  • Accountability — taking responsibility for decisions and actions

It also requires that public officials:

  • Treat people with respect and dignity
  • Exercise their functions without bias, prejudice, or improper purpose
  • Avoid conduct that could cause harm or diminish public trust

Relevance to this post:

The tone, conduct, and handling of my complaint—particularly the dismissive and patronising communication, lack of engagement with evidence, and failure to act—raise serious concerns about adherence to these ethical obligations.


These frameworks exist to protect the public. The question is whether they are being applied—and enforced—when it matters most.

Tuesday, April 28, 2026

I Asked My Elected Representative Chris Minns for Help — Because the Regulators Failed - December 2021

This is where everything should have come together.

The evidence was there.

The risks were known.

The obligations were clear.


It should have triggered action.


Instead, nothing changed.


By December 2021, I was no longer asking for help within the system.

I was escalating what happens when the system itself does not act.



13 December 2021 — When the System Should Have Intervened


On 13 December 2021 at 11:43 AM, I wrote to the Kogarah electorate office of my elected representative, Chris Minns.


By that point, I was already under the care of a trauma specialist. This was not the result of a single workplace event. It was the result of what followed after I reported harm and attempted to engage the system as required.


In that email, I explained that I had exhausted every available avenue.


I set out clearly that:

  • SafeWork NSW had not taken effective action in response to serious psychosocial hazards
  • SIRA NSW had not enforced my workers compensation entitlements
  • My recovery had been obstructed by inaction rather than supported by enforcement

I also outlined what should have occurred under the law. This included enforcement of my entitlements, restoration of my employment, and the return of leave that had been depleted while I was being harmed.


I made it clear that I had compiled evidence. I had documented the failures. I had done everything expected of a worker navigating the system.


What I asked for was simple.


I asked when I could attend the office and speak directly with Chris Minns.


I also described the human impact. I explained that I felt alone, vulnerable, frightened, traumatised, and distressed.



19 December 2021 — When Non-Enforcement Became Harm


On 19 December 2021 at 11:27 PM, I wrote again.


By this stage, the consequences of inaction had become immediate and unavoidable.


I explained that I needed my job to be restored as a matter of urgency. This was not simply about employment. It was about recovery, financial stability, and the ability to move forward.


I set out that:

  • Psychosocial hazards had not been addressed
  • My workers compensation entitlements had not been paid
  • There had been no meaningful regulatory intervention despite the seriousness of the situation

I was experiencing the withholding of legally owed income and ongoing psychological harm.



20 December 2021 — Financial Consequences of Regulatory Failure


On 20 December 2021 at 4:01 PM, I sent a further email.


By this point, the failure to enforce the law had translated directly into financial risk.


I explained that I was under pressure from a real estate transaction. I required proof of my employment and income stability.


Both had been undermined.


This was not simply the result of employer conduct. It was the direct consequence of regulators failing to enforce obligations that were designed to protect my income and support my recovery.


I also described the physical impact of this pressure. I explained that I felt extremely unwell due to stress and fear.



21 December 2021 — Escalation Beyond the Regulators


On 21 December 2021 at 3:39 PM, I provided further information.


At this stage, I was no longer waiting for regulatory action.


I provided:

  • Direct contact details for senior leadership
  • Information regarding union involvement
  • Evidence that the impact had extended to my family

This escalation should not have been necessary.


The responsibility to investigate and enforce compliance sits with the regulators.


However, in the absence of that action, I was required to take those steps myself.



23 December 2021 — The Human Cost of Inaction


On 23 December 2021 at 11:52 AM, I sent a further email.


This was two days before Christmas.


By then, the situation had reached a critical point.


I explained that:

  • The process affecting my home was progressing without certainty
  • Each delay increased the risk that I would lose my home
  • I was likely to spend Christmas alone due to the strain caused by the situation

I reiterated the legal position.


My leave had been depleted while I was being harmed. My compensation had been withheld. My employer’s obligations to support recovery and return to work had not been enforced.


I made it clear that I could not endure further harm.



Legal Accountability — Statutory Duties vs Conduct


This was not an absence of law.


It was an absence of enforcement.


SafeWork NSW


Under the Work Health and Safety Act 2011 (NSW), SafeWork NSW is responsible for enforcing compliance with work health and safety duties, including psychosocial risks.


This includes:

  • Investigating reported hazards
  • Taking action to prevent ongoing harm
  • Enforcing compliance where breaches occur

What occurred instead was a failure to intervene meaningfully, despite known risks and ongoing harm.



SIRA NSW 


Under the Workplace Injury Management and Workers Compensation Act 1998 (NSW) and the Workers Compensation Act 1987 (NSW), SIRA is responsible for ensuring that insurers comply with statutory obligations.


This includes:

  • Payment of weekly benefits
  • Implementation of injury management plans
  • Oversight of return-to-work processes
  • Enforcement where there is non-compliance

What occurred instead was prolonged non-enforcement, despite clear evidence of withheld entitlements and failure to implement required processes.



Ministerial Accountability — Oversight Cannot Be Delegated Away


By December 2021, this matter had moved beyond regulatory process.


It had become a question of ministerial responsibility.


Chris Minns was directly contacted through his electorate office with detailed accounts of regulatory failure and escalating harm.


Jihad Dib holds responsibility for SIRA NSW and the framework under which these functions operate.


Sophie Cotsis is responsible for oversight of SafeWork NSW.


These roles carry responsibility for ensuring that:

  • Regulators act when harm is reported
  • Statutory obligations are enforced
  • Systems designed to protect workers function in practice

The record shows that:

  • Detailed complaints were made
  • Evidence was provided
  • Harm was ongoing

Yet the outcome did not change.


There was no effective intervention.

There was no enforcement.

There was no restoration of lawful entitlements.


Oversight cannot remain passive in those circumstances.



Dignity, Respect, and Where the Burden Lies


This matter is not only about statutory compliance.


It is about dignity.


It is about respect.


It is about how a person — and their family — are treated when they ask for a safe work environment and lawful support to recover.


The impact of what occurred did not sit with me alone.


It extended to my family.


People who had done nothing more than stand beside me were drawn into a situation that should have been contained, managed, and resolved through proper processes.


That did not occur.


Instead, the consequences of inaction were allowed to extend beyond the workplace, affecting relationships, wellbeing, and stability.


That is not what the system is designed to do.


Nor is it consistent with the standards of conduct expected of institutions that publicly commit to dignity, ethical practice, and good governance.


Respect is not demonstrated through statements of values.


It is demonstrated through action — particularly when a person is vulnerable and reliant on the system to act lawfully and fairly.


Where that does not occur, the impact is not only legal or financial.


It is personal.


It affects identity, reputation, and a sense of dignity.


The burden of that impact does not properly sit with the person who sought help.


It does not properly sit with their family.


Where obligations were not met, and where action was not taken when it should have been, responsibility rests with those who held the authority and the duty to act.


The evidence was there. The law was clear. The action was missing. 


What Must Be Understood


The consequences of non-enforcement are real.


They are lived.

They are cumulative.

They affect health, financial stability, and the ability to move forward.


But they do not extinguish a worker’s rights.


They do not justify abandoning lawful recovery.



Recovery Is Not Optional — It Is a Legal Obligation


I do not accept that the outcome of regulatory failure is that I am left to carry its consequences without proper recovery.


I do not accept that non-compliance can be resolved by a payment while the legal obligations to support recovery remain unfulfilled.


I do not accept that this matter can be reduced to a closed claim, when the lawful pathway to recovery and return to work has not been properly implemented.


Under the law, recovery requires:

  • Proper implementation of an Injury Management Plan
  • Genuine return-to-work processes
  • Cooperation with treating practitioners
  • A safe return to work - requiring employer and insurer statutory compliance

Those statutory obligations were not optional at the time.


They do not become optional because they were ignored.



The Position Is Simple


I have a right to a voice in my own recovery.


I have a right to a lawful pathway back to work.


I have a right to have that pathway properly implemented.


That pathway can be restored.


And it must be.



The Real Question


By December 2021, I had done everything the system requires of a worker.


I had reported the harm.

I had provided the evidence.

I had engaged with the regulators.

I had escalated to my elected representative.


And still, nothing was enforced.


This is no longer a question about a workplace.


It is a question about the system.


What happens when regulators do not regulate — and those responsible for oversight do not step in?


Because that is not what the law provides.


And it is not an outcome I accept.


And the wage theft continued…


Source: contemporaneous record of events - Document 230.