WorkSafe’s decision not to formally investigate an incident

Complaint about WorkSafe’s decision not to investigate and lay charges following an accident causing injury – failure to consider all relevant information – failure to engage meaningfully with the complainant – no evidence that documents had been falsified by WorkSafe

Outcome

The Chief Ombudsman recommended that WorkSafe apologise to the complainant for:

• not properly considering (and responding to) the updated information on his injury and his concerns; and
• failing to engage with him in a meaningful way.

The Chief Ombudsman did not recommend that WorkSafe reconsider its decision not to investigate because the 12 month statutory limit for laying charges had elapsed.[1] While WorkSafe had the ability to apply to the courts for an extension of time, any such application must have been made before the end of that 12-month period.[2] By the time the Chief Ombudsman received the complaint, the 12-month period had expired.

WorkSafe accepted the recommendation. It also advised that it was willing to meet with the complainant – to offer an apology, answer his questions and to hear how it could have done better to engage him during the process.

The Chief Ombudsman considered the offer of a meeting to be a positive step.

WorkSafe has apologised to the complainant in writing. It has also made a standing offer to meet with him.

Disclaimer

This case note is published under the authority of the Ombudsmen Rules 1989. It sets out an Ombudsman’s view on the facts of a particular case. It should not be taken as establishing any legal precedent that would bind an Ombudsman in future.