Regulatory priorities

The aim of Comcare’s proactive regulatory approach is intended to support and promote the conditions that enable duty holders to meet their duties and obligations under the Work Health and Safety Act 2011 (WHS Act). Through our preventive approach to managing Work Health and Safety (WHS) risk, we aim to assist organisations in our jurisdiction to proactively reduce the potential for harm to occur by addressing those factors that directly or indirectly contribute to harm.

Comcare identifies regulatory priorities using a risk-based and evidence-led approach, including the review and analysis of our regulatory and claims data, Safe Work Australia’s Australian Work Health and Safety Strategy 2023-2033, and other WHS intelligence. The identification of priorities ensures additional focus is placed on specific WHS risks with a prevention focus to incorporate into the planning and delivery of national and regional engagement activities.

1. WHS Management Systems

WHS Management Systems are an ongoing priority for Comcare. Well-implemented, effective WHS Management Systems are key to providing a framework to deliver improved WHS performance in an organisation.

Effective WHS management systems can have a large-scale positive impact on the health and safety of workers, and the Australian WHS Strategy recognises the important role that WHS systems have in embedding good WHS practices across workplaces.

Our focus within this priority will be risk management. Risk management includes the identification of hazards, assessing risks, controlling those risks, and reviewing the efficacy of control measures over time or in response to an event. Effective risk management is necessary to support the principle that workers and other persons should be given the highest level of protection against harm to their health and safety.

Throughout 2025-26, Comcare will conduct proactive inspections with organisations in our jurisdiction to assess whether they have systems in place to enable effective WHS risk management. The 2025-26 Regulatory Priorities and Risk Management webinar was held on 3 July 2025 with an overview of this program of work, explaining how it will be conducted by our inspectors, and key considerations for your organisation.

See information on work health and safety management systems as an integral part of an organisation’s broader framework.

For further information:

• Work Health and Safety (How to Manage Work Health and Safety Risks) Code of Practice 2015 | Federal Register of Legislation.
• Workplace health and safety management system | Comcare
• Risk Management: A snapshot | Comcare
• Identify, assess and control hazards - Managing risks | Safe Work Australia
• Principles that apply to work health and safety duties | Safe Work Australia

2. Psychosocial hazards

Psychosocial hazards are aspects of work which have the potential to cause psychological or physical harm. Prevention of the harms associated with psychosocial hazards is a key focus and priority for all WHS regulators.

The regulations regarding psychosocial hazards have been in force since 1 April 2023, PCBUs must be implementing effective risk controls, as far as reasonably practicable. We will take both a proactive and a responsive approach to regulating psychosocial hazards.

Our Psychosocial Inspection Program will continue as an ongoing program to help employers meet their work health and safety obligations, and prevent work-related injuries and illnesses. It also helps us understand how well employers are managing psychosocial hazards and risks at their workplaces. Comcare will continue to respond to WHS concerns and incidents involving psychosocial hazards in a manner consistent with our triage processes, and compliance and enforcement policy.

We will continue to update the Commonwealth jurisdiction on any legislative changes arising from the Safe Work Australia review of the Model WHS laws, and enhance our guidance and training resources on the assessment and response to psychosocial risks in the workplace.

For further information:

• Psychosocial hazards guidance provides information and guidance on the identified aspects of work which have the potential to cause psychological or physical harm.
• Psychosocial Inspection Program explains how the program works, including how employers are chosen for inspection, the inspection process and inspection outcomes.
• WHS Regulations Case Studies based on Comcare regulatory activity in response to incidents involving psychosocial hazards and risks at workplaces in the Commonwealth jurisdiction.

3. Silica and other airborne contaminants

Exposure to silica and related illnesses remains a priority in Comcare’s jurisdiction, and in 2025-2026 we are expanding our focus in this area to include other airborne contaminants.

Airborne contaminants are dusts, gases, fumes, vapours and mists that are released into the air from work processes. They can include welding and exhaust fumes, asbestos, chlorine, coal dust, silica and other chemicals and gases. According to Safe Work Australia, 30% of Australian occupations have weekly exposure to airborne contaminants, with around 2.7 million Australian workers employed in these jobs.

Safe Work Australia Australian WHS Strategy addresses the rapid re-emergence of accelerated silicosis and the need to better manage occupational risks associated with lung health more broadly. This report highlights the target of no new accelerated cases of silicosis by 2033, and a 20% reduction in work-related respiratory disease by 2033.

PCBUs must eliminate or minimise risks in the workplace, so far as is reasonably practicable. This includes risks from airborne contaminants in the workplace and ensuring that workers and others at the workplace are not exposed to levels of airborne contaminants above their workplace exposure standard.

The risk of exposure to silica and airborne contaminants is not a widespread issue across Comcare’s jurisdiction, however among some PCBUs the risk is prevalent and real. In the past few years, incidents notified to Comcare relating to airborne contaminants have increased, with the majority of these incidents related to asbestos and gas exposures.

Through 2025-26, in addition to our continued response to notified incidents and WHS concerns, we will take a proactive approach to ensure PCBUs (and their contractors) are complying with the law and taking active measures to manage these workplace risks. This priority will continue to be a focus for our specialist Major Infrastructure Projects Team.

For further information:

• Crystalline Silica and Notification of air monitoring results – respirable crystalline silica (RCS) – explaining what Silica is, sources of exposure, employer and worker duties, workplace exposure standards, training and monitoring requirements, and the hierarchy of controls.
• Safe Work Australia’s resources on Airborne contaminants and Workplace exposure standards for airborne contaminants (2024).

4. Contractor management

Contractor management is complex and often involves more than one duty holder and a co-regulated workplace. The Australian WHS Strategy identifies complex contract management arrangements as a persistent WHS challenge.

Many PCBUs within the jurisdiction, both licensees and premium payers, utilise contractors to deliver services and to provide necessary technical expertise. PCBUs must do what is reasonably practicable to eliminate or minimise the risks associated with those things over which they have control, and must provide the highest level of protection that is both possible and reasonable in the circumstances.

Notifiable incidents involving contractors have been frequent and consistent across the past few years. Comcare receives requests for assistance relating to contractor management – including enquiries about incident notification requirements, risk management and controls, duty of care and consultation.

In 2025-26, we will continue working with PCBUs to ensure a clear understanding of the WHS considerations of contract management. We will conduct targeted engagement with PCBUs that have high volumes of contractor engagement or a history of contractor-related incidents to reinforce shared duties under WHS legislation, and help PCBUs understand their obligations when working alongside contractors. We also plan to review regulatory compliance data to inform our regulatory focus and develop tailored guidance.

The Contractor management and regulatory process enhancements webinar from 2024 has more detail on shared duties and monitoring requirements when engaging contractors, and what to expect when an inspector calls following an incident involving contractors. The Contractor management - shared duties and control webinar also provides an understanding of shared duties and responsibilities under the WHS Act.

See Contractor management (PDF, 306.8 KB) guidance to provide information for PCBU’s on topics such as what reasonably practicable means, how control is an implied element of determining what is reasonably practicable, relying on the expertise of others, consultation, incident notification and construction specific information.

5. Workplace Violence and Aggression

Workplace violence and aggression, also referred to as occupational violence, is classified as any incident where a person is abused, threatened or assaulted at their workplace or while they are working. The violence or aggression can be either psychosocial or physical in nature.

There are national data sets and reports that highlight a concerning trend of workplace violence and aggression, and indicate that work-related physical violence was more likely to be perpetrated by a client, patient or customer rather than a co-worker, employer or manager.

Reflecting the growing social and cultural awareness of this issue, the Commonwealth Workplace Protection Orders Bill 2024 has been proposed to provide additional legal protections for Commonwealth PCBUs and workers. It will aim to deter acts of violence and other harmful behaviours by members of the public to Commonwealth workers.

Many PCBUs in Comcare’s jurisdiction have significant client facing functions. This includes customer service frontline roles that are face to face or over the phone, in industries such as social services, regulatory, law enforcement and case management. Comcare has received a number of notifications over the last few years related to workplace violence and aggression and these incidents involve both workers and contractors.

Through 2025-26, we will review regulatory data to better understand the incidents that are occurring. We will engage with PCBUs on this incident type to ensure the risks and impacts of are being actively managed, and to assist in identification of appropriate controls and better practice.