Privacy collection notice: Application to commence a prosecution

How we handle your personal information when you submit a request for SafeWork NSW to commence a prosecution for a work health and safety offence in NSW.

1. Who we are

Your information is being collected by the SafeWork NSW Agency (SafeWork NSW), the NSW Work Health and Safety Regulator.

SafeWork NSW is the primary work health and safety regulator in New South Wales. It operates under the legislative mandate of the Work Health and Safety Act 2011 (WHS Act) and is responsible for:

  • engaging with the NSW community to prevent work-related fatalities, serious injuries, and illnesses, and
  • securing compliance with work health and safety laws.

On 1 July 2025, it was formally established as a stand-alone regulator under the Work Health and Safety Amendment (Standalone Regulator) Act 2025.

SafeWork NSW gives priority to protecting the privacy of your personal information, in accordance with the Privacy and Personal Information Protection Act 1998 (PPIP Act).

If you have any questions about this document, or how we handle personal information, you can contact our privacy team using the contact details at the end of this notice.

2. Why we collect your personal information

This form is used to request SafeWork to begin a prosecution when you believe that a category one or two offence under the WHS Act has occurred.

SafeWork NSW is collecting your personal information for the purposes of:

  • allowing our review team to assess the details of your request and any supporting documents
  • contacting you or your representative, if necessary, to clarify information or obtain additional details about your request, and
  • notifying you of the outcome of your request.

3. The kinds of personal information we collect

The personal information we may collect includes, but is not limited to the:

  • applicant’s name
  • business name and trading name (if applicable)
  • address (residential or business) for both applicant and business
  • mobile number and email addressfor both applicant and business
  • date of alleged offence
  • ABN number
  • names of other interested parties, and
  • reason you believe a prosecution is required.

4. Failure to provide information

Your information is provided voluntarily however if you choose not to provide your information, we may be unable to process your application.

This information is necessary under section 231 of the WHS Act to request for SafeWork to commence a prosecution for a section 31 (category 1) or section 32 (category 2) offence of the WHS Act.

5. How we may use your information

We may use the information we collect in the following ways:

  • To process and assess your application.
  • To review and evaluate the application in accordance with applicable laws and procedures.
  • Internal administrative purposes, including:
  • To support more informed policy making, program management, evaluation, research, and service planning as it can facilitate more efficient service delivery for residents and business in NSW.
  • Other directly related purposes.

6. Who we may share your information with

On 1 July 2025, SafeWork NSW was established as an Executive Agency related to the Department of Customer Service (DCS).

DCS provides some corporate service functions to SafeWork NSW under formal agreement and assists us with our business operations by providing software and storing data on our behalf. Read how DCS manages privacy and personal information.

We may share this information with internal parties as determined by the circumstances of the application, such as experts if it is a technical issue.

We will not disclose your information to anybody else unless we are authorised or permitted to do so by law or where you have given consent.

For further information, please see our privacy statement.

7. Protecting your information

We will store and manage your information in accordance with the provisions of the PPIP Act. We have measures in place to help protect your personal information from loss, unauthorised access, use, modification, disclosure, or other misuse.

We will only keep information for as long as we need it to fulfil the purposes, we collected it for. After which, the information will be disposed of securely in accordance with the State Records Act 1998 and any other applicable legislation.

See our privacy management plan for more information about how we handle your personal information.

8. Your rights

Subject to certain conditions, you have the following rights in relation to your personal information:

  • The right to request access to your personal information.
  • The right to request correction of your personal information.

If you wish to invoke any of the above rights, please contact us at reviews@safework.nsw.gov.au

9. Contact us

Any queries in relation to this form can be made to reviews@safework.nsw.gov.au

If you would like to make a privacy enquiry or complaint, you can email us at privacy@safework.nsw.gov.au or send a letter to:

SafeWork NSW
94-100 Donnison St
Gosford 2250 NSW

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