Australian court decision a warning that psychosocial hazards must be managed by New Zealand employers
On 19 December 2025, a New South Wales Court made a landmark decision: the first conviction of a Commonwealth employer in Australia for failing to manage psychosocial risks arising from a performance management process. The Australian Department of Defence (Defence) was convicted under sections 19 and 33 of the Commonwealth Work Health and Safety Act 2011 (WHS Act) — the New Zealand Health and Safety at Work Act 2015 is based off the Australian legislation — for breaching its primary duty to ensure worker health and safety, so far as reasonably practicable.
Content warning: the following detail refers to suicide.
The case involved a 34-year-old Royal Australian Air Force (RAAF) Technician who was the subject of four separate Work Plans (a performance management tool) within a six-month period. Despite the worker displaying signs of escalating distress, Defence took no steps to mitigate the risk. In 2020, the worker died by suicide while on duty.
Defence pleaded guilty, admitting to a failure to take reasonably practicable steps to eliminate, or if not reasonably practicable, to minimise psychosocial risks under the WHS Act. An investigation identified several measures that were both available and reasonably practicable, including:
Kenneth Scott Miller, 48, is charged with a felony count of making a false report to law enforcement. He was released from the Escambia County Jail on a $500 bond. According to an Escambia County ...