This report assesses how effectively SafeWork NSW, a part of the NSW Department of Customer Service (DCS), has performed its regulatory compliance functions for work health and safety in New South Wales.

Key findings:

• There is limited transparency about SafeWork NSW's effectiveness as a regulator. The limited performance information that is available is either subsumed within DCS reporting (or other sources) and is focused on activity, not outcomes.
• As a work health and safety (WHS) regulator, SafeWork NSW lacks an effective strategic and data-driven approach to respond to emerging WHS risks.
• It was slow to respond to the risk of respirable crystalline silica in manufactured stone.
• SafeWork NSW is constrained by an information management system that is over 20 years old and has passed its effective useful life.
• While it has invested effort into ensuring consistent regulatory decisions, SafeWork NSW needs to maintain a focus on this objective, including by ensuring that there is a comprehensive approach to quality assurance.
• SafeWork NSW's engagement of a commercial partner to develop a real-time silica monitoring device did not comply with key procurement obligations.

Key recommendations for DCS:

• Ensure there is an independent investigation into the procurement of the research partner for the real-time silica detector.
• Embed a formal process to review and set its annual regulatory priorities.
• Publish a consolidated performance report.
• Set long-term priorities, including for workforce planning and technology uplift.
• Improve its use of data, and start work to replace its existing complaints handling system.
• Review its risk culture and its risk management framework and review the quality assurance measures that support consistent regulatory decisions.