SafeWork NSW is Targeting Councils: Is Your Chamber Compliant?
- Jessica Urquhart
- 4 days ago
- 2 min read
In the wake of major enforcement pushes across New South Wales, local governments are facing intense scrutiny over workplace mental health. High-profile regulatory actions by SafeWork NSW, such as the recent compliance notices issued to Shoalhaven City Council and pioneering frameworks from Glen Innes Severn Council, have left many asking: What exactly are a councillor’s legal duties regarding psychosocial safety?
There is a widespread, risky misconception floating around council chambers that elected councillors are legally classified as corporate "Officers" who owe a strict duty of "Due Diligence."
This is legally incorrect. But the reality of what they do owe is just as critical.
The Legal Reality: Section 29 Duties
Under the NSW Work Health and Safety (WHS) Act 2011, elected members of local authorities are explicitly excluded from the definition of an "Officer" while acting in their civic capacity.
Instead, councillors hold the legal status of "Other Persons at the Workplace" under Section 29.
While they aren’t hit with corporate due diligence liabilities, Section 29 mandates that councillors must take reasonable care that their actions, decisions, and behaviors do not adversely affect the health and safety of others, including council staff.
Why Councillor Conduct is a Major Psychosocial Hazard
When a councillor steps out of line, the financial and regulatory consequences fall squarely on the Council itself as the primary PCBU (Person Conducting a Business or Undertaking). SafeWork NSW expects councils to protect staff from common local government psychosocial hazards:
Chamber Toxicity: Heated political debates that cross into personal attacks, public bullying or undermining staff reports.
Public/Cyber Aggression: Allowing public hostility or social media toxicity to target council workers without clear debriefing or protective frameworks.
Operational Boundary Blurring: Bypassing the General Manager or CEO to direct or pressure frontline council staff.
If councillor conduct causes psychological injury to an employee, the council risks heavy fines, public investigation, and severe reputational damage.
The Enforcement Landscape Has Shifted
This isn't just theoretical guidance anymore. As of 1 July 2026, Section 26A of the WHS Act mandates that the SafeWork NSW Managing Psychosocial Hazards at Work Code of Practice carries enforceable statutory weight. Councils must follow the code or prove they have an equivalent or higher standard of safety.
Backed by a massive $127.7 million funding expansion for specialized psychosocial safety inspectors, regulators are actively auditing local government workspaces.
Free Training: Upskill Your Council Today
Navigating the line between robust democratic debate and a legally safe workplace isn't easy. To help mayors, councillors and governance teams protect both democracy and their people, we’ve developed a specialised micro-learning module.
What’s covered inside this 30-minute course:
The true legal definitions of Section 29 for elected officials.
Real-world branching scenarios dealing with chamber debate and public aggression.
Practical strategies to maintain respectful civic leadership.
SafeWork NSW is Targeting Councils - don't wait for an improvement notice to land on your desk. Click the link above to roll out this free compliance training to your team today!
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