SIRA Inspectors
SIRA Inspectors ensure employers comply with their workers compensation, injury management and return to work obligations.
An inspector may visit a workplace for a variety of reasons:
- There's a current or recent workers compensation claim.
- SIRA identifies that there is a higher risk of a poor return to work outcome.
- SIRA has information or receives a complaint that an employer may not be meeting their workers compensation or injury management obligations.
Notice of visit
An inspector may enter a workplace at any reasonable time. The inspector will notify the employer of their arrival and produce their inspector’s identity card.
SIRA Inspectors may contact the employer before the visit to arrange a time, although it's not legally required to provide advance notice.
What to expect when an inspector visits
The inspector can provide advice to help you meet your workers compensation and return to work obligations. They may also:
- request to view a certificate of currency for your workers compensation policy
- review your return to work program
- review the register of injuries
- ensure the ‘If you get injured at work’ poster is displayed
- request other documents or records and take copies or extracts
- request evidence that the employer has a return to work coordinator with relevant skills, experience and training (for Category 1 employers)
- request information relating to any workers compensation claims
- review if suitable employment is being provided to an injured worker, they may also request to talk to the injured worker
- speak to workers
- ensure any compensation monies are passed onto workers as soon as possible.
Compliance action
If a SIRA Inspector believes that an employer is not meeting their obligations they will take action, which may include:
- issuing an improvement notice (which specifies how to comply and the date to comply by)
- issuing a penalty notice.
When deciding on what action to take, the inspector will take into account:
- the nature and circumstances of the alleged contravention
- SIRA’s compliance and enforcement policies.
Further investigation may happen to determine if the matter warrants prosecution or other enforcement action.
Key employer obligations and penalties
This table provides a summary of key employer obligations for workers compensation and workplace injury management.
It isn't exhaustive and doesn't include the requirements specified in the SIRA Guidelines for workplace return to work programs.
Employer obligation prior to injury | Legislative reference | Issue of employer improvement notice | Penalty notice offence | Maximum penalty |
|---|---|---|---|---|
Have a workers compensation insurance policy | Section 155(1), 1987 Act | No | $1,250 | 500 penalty units or imprisonment for six months, or both |
Keep and supply wage records | Section 174, 1987 Act | No | $1,250 | 500 penalty units |
Have a register of injuries | Section 256 and 63, 1998 Act | No | $1,100 | 50 penalty units |
If you get injured at work information | Section 231, 1998 Act | No | $220 | 20 penalty units |
Have a RTW Coordinator (Category 1 employers) | Clause 19, 2016 Regulation Section 52, 1998 Act | Yes | n/a | 20 penalty units |
Establish a return to work program | Section 52, 1998 Act | Yes | $440 category 1 employer $110 category 2 employer | 20 penalty units for category 1 employer 5 penalty units for category 2 employer |
Display or notify the return to work program | Section 52(2)(c), 1998 Act | Yes | $220 for category 1 employer $50 for category 2 employer | 10 penalty units for Category 1 employer 2 penalty units for Category 2 employer |
Notify insurer of an incident or injury within 48 hours | Section 44(2), 1998 Act | Yes | $550 | 20 penalty units |
Immediately notify regulator (Safework) of notifiable incident | Section 38, 2011 Act | NA | $1,200 for an individual and $6000 for a body corporate | 115 penalty units for an individual and 575 penalty units for a body corporate |
Forward documents related to the claim to the insurer within seven days of a request | Sections 264(2) and 69(1), 1998 Act | No | $1,100 | 50 penalty units |
Provide name and address of employer and insurer to worker on request | Section 232(2), 1998 Act | No | $440 | 20 penalty units |
Comply with the obligations imposed by or under insurer’s injury management program | Section 43(5), 1998 Act | Yes | n/a | n/a |
Participate and cooperate in the establishment of, and comply with obligations imposed by, the injury management plan | Section 46, 1998 Act | Yes | n/a | n/a |
Provide suitable employment | Section 49, 1998 Act | Yes | n/a | 50 penalty units |
Tell insurer if they are unable to provide suitable employment | Schedule 3 Clause 20, 2016 Regulation | No | n/a | n/a |
Pass on compensation monies owed to worker as soon as practicable in line with usual pay cycle | Sections 264(3) and 69(1)(c), 1998 Act | No | $1,100 | 50 penalty units |
Must not dismiss a worker because of the injury within the relevant period (six months after the worker first became unfit for work unless otherwise specified) | Section 248, 1987 Act | No | n/a | 100 penalty units |
Must comply with an employer improvement notice | Section 59D, 1998 Act | n/a | $1,100 | 100 penalty units |
- 1987 Act = Workers Compensation Act 1987
- 1998 Act = Workplace Injury Management and Workers Compensation Act 1998
- 2011 Act = Work Health and Safety Act 2011
- 2016 Regulation = Workers Compensation Regulation 2016
- A Category 1 employer is an employer:
- whose basic tariff premium exceeds $50,000, or
- who is self-insured, or
- insured with a specialised insurer and who employs more than 20 workers.
- A Category 2 employer is an employer who is not a Category 1 employer.
Inspectors will not
- mediate between the parties, take sides or provide legal advice
- review or make decisions about treatment issues or disputes
- review or make decisions about weekly payments, claim liability or work capacity decisions
- investigate or make decisions regarding industrial relations disputes, such as termination or performance management.
Review of an inspectors decision
Some decisions made by an inspector can be reviewed.
A penalty notice can be reviewed by contacting Revenue NSW.
For any other review you should first speak with the inspector and they can explain the decision in more detail and any available review process. Alternatively, you can contact SIRA by email or by calling 13 10 50.
Personal information
SIRA Inspectors may collect personal information while performing their role.
Information about how SIRA handles your personal information, how you can request to access or correct the personal information held about you, and who to contact if you have an enquiry or complaint is available in SIRA's Privacy Management Plan.
SafeWork Inspectors
SafeWork NSW is the State’s workplace health and safety regulator. SafeWork NSW Inspectors are also authorised to act on behalf of SIRA and can undertake the same functions as a SIRA Inspector.
More information
Call our advisory service on 13 10 50.