Worker's death leads to first-of-its-kind Commonwealth psychosocial risks penalty

On 28 July 2020, while on duty at Royal Australian Air Force (RAAF) Base Williamtown near Newcastle, NSW, a 34-year-old worker took his own life. In the first penalty of its kind for a Commonwealth employer, the Department of Defence has been convicted and fined for failing to manage psychosocial risks relating to the death of a worker — admitting it did not take reasonably practicable measures to eliminate or minimise the health and safety risks to the RAAF technician. This is the first time a Commonwealth employer has been convicted of failing to manage psychosocial risks under federal work health and safety laws.

Magistrate Brett Thomas convicted Defence and fined the department $188,000, In the NSW Local Court on 19 December 2025. An adverse publicity order, with details to be determined, was also made by Thomas; adverse publicity orders are available under section 236 of the WHS Act and can require an offender to publicise the offence, its consequences and the penalty imposed. By failing to provide the necessary training for supervisors involved in the use of the draft Work Plan procedure used as a performance management tool, Defence breached its primary health and safety duty under section 19(1) of the WHS Act.

Increasing signs of distress and ill-health were displayed by the worker during the performance management process. The worker who was, according to Comcare CEO Colin Radford, subjected to four separate Work Plans over a six-month period. “Comcare’s investigation found that at no point during this process did the worker’s supervisors refer him for support, place him on leave, or take any other steps to relieve the stress and pressure he clearly felt,” Radford said.

“The risks were obvious and known to Defence through existing policies and guidelines. These policies can only ever mitigate risk if they are applied and followed in practice, and if they are supported by training those responsible for implementing them,” Radford added. “The investigation found Defence knew the worker was not coping and that he was also experiencing personal issues. The serious and foreseeable risks required a proactive approach to work health and safety that the department failed to deliver.”

Risk controls available to Defence, Comcare stated, included training supervisors to:

• understand how a Work Plan may be a psychosocial hazard
• identify psychosocial risks associated with workers subject to performance management through Work Plans; and
• eliminate or minimise psychosocial risks arising from Work Plans, including when to refer a worker for medical assessment and suspend the performance management process.

Poor support and low job control are among the hazards identified in the Commonwealth Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024. Amended Work Health and Safety Regulations prescribing how duty holders must identify and manage hazards and risks to workers’ psychological health and safety have been in effect in the Commonwealth jurisdiction since April 2023.

The matter was prosecuted by the Commonwealth Director of Public Prosecutions. For a Category 3 criminal offence under the WHS Act, $500,000 was the maximum penalty available to the court.

If you are affected by any of the issues discussed in this article, Lifeline has a 24/7 crisis support service that can help, please call 13 11 14.

Image credit: iStock.com/SCM Jeans. Stock image used is for illustrative purposes only.