Big changes are coming to Workers Comp in South Australia 2025

Author: Dr David Brentnall

 

From premiums to psychosocial risk changes, we look ahead to five changes kicking in this year and how they could impact you.

In 2025, SafeWork SA has enacted significant reforms to South Australia’s work health and safety (WHS) legislation, introducing several key changes:

1. Extended Timeframes for Prosecutions

Prosecution Requests: The period for individuals to request SafeWork SA to initiate prosecutions for serious workplace incidents has been extended from 12 to 24 months. Additionally, requests can now be made within 12 months following a coronial report or the conclusion of an inquest.

2. Enhanced Confidentiality Provisions

Information Sharing: Reforms to confidentiality rules now permit SafeWork SA to share more detailed information with stakeholders, including victims of workplace incidents and their families, fostering greater transparency.

3. New Dispute Resolution Mechanism

SAET Involvement: The South Australian Employment Tribunal (SAET) has been granted an expanded role in resolving WHS disputes, emphasizing alternative dispute resolution methods such as conciliation and mediation.

4. Formalization of the SafeWork SA Advisory Committee

Advisory Committee: The establishment of a tripartite advisory committee comprising representatives from workers, employers, and safety professionals aims to provide strategic advice to SafeWork SA and the government on improving workplace safety.

5. Prohibition of Insurance for WHS Penalties

Insurance Restrictions: New provisions prohibit insurance contracts that indemnify employers against serious criminal penalties for breaches of WHS laws, including industrial manslaughter offences.

In 2025, South Australian employers face heightened legal and compliance obligations due to WHS reforms, including extended prosecution timeframes, increased transparency, mandatory dispute resolution participation, and stricter insurance provisions. Proactive adaptation to these changes is essential to mitigate potential legal and financial risks.

Here are the key challenges employers might face. Implications for Employers in South Australia:

1. Increased Legal Exposure

The extended timeframe for prosecution requests may lead to prolonged periods of potential legal vulnerability following workplace incidents.

2. Enhanced Transparency Obligations

With SafeWork SA’s ability to share more information, employers may experience increased scrutiny from stakeholders, necessitating meticulous documentation and communication regarding safety practices.

3. Mandatory Participation in Dispute Resolution

Employers are now more likely to engage in formal dispute resolution processes through SAET, which may require additional resources and adherence to tribunal directives.

4. Advisory Committee Engagement

The formalization of the advisory committee may lead to the development of new safety guidelines or expectations, requiring employers to stay informed and possibly adjust their WHS practices accordingly.

5. Insurance Limitations

The prohibition on insurance coverage for certain WHS penalties means employers must exercise greater diligence in compliance, as they can no longer rely on insurance to mitigate the financial impact of serious breaches.

 

Worried how these changes will affect your business? Get in touch today: enquiries@helloaxis.com.au