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Introduction
A former prison officer has expressed disappointment and confusion after WorkSafe WA dropped a landmark workplace psychological harm case against the Department of Justice. The case was set to test the state’s workplace safety laws in relation to bullying and harassment, but regulators say new evidence made it impossible to proceed.
Background of the Case
The case centred on allegations by former Bunbury Regional Prison officer Bronwyn Hendry, who claims she suffered sexual harassment and bullying while working at the facility between 2021 and 2023.
WorkSafe WA launched action in October 2024, accusing the Department of failing to provide a safe workplace by neglecting procedures to manage complaints, exposing Hendry to serious harm.
Had it proceeded, the case was the first of its kind in WA and carried potential fines of up to $3.5 million for the department.
WorkSafe’s Decision
On Tuesday, WorkSafe WA announced it was discontinuing the prosecution, citing “fresh evidence” that meant there was no longer a “reasonable prospect” of securing a conviction.
The regulator did not explain what evidence had emerged but noted the Department of Justice had improved its management of psychosocial hazards in recent years. WorkSafe said it would continue to monitor compliance across the department.
Response from Bronwyn Hendry
Hendry said she was blindsided by the decision and received no prior warning:
“There was absolutely no warning … no consultation, no discussion and none of us still know why they discontinued or the facts around that discontinuance.”
She argued that a guilty verdict would have set a powerful precedent, sending a clear message that psychological harm and workplace harassment are unacceptable.
“What it would have done is set a precedent and standard of what is not acceptable … it would have given a message that there is no tolerance for this behaviour.”
Ongoing Civil Action
Hendry is pursuing separate civil proceedings in the Federal Court, alleging sexual harassment, sex discrimination, and disability discrimination. The Department of Justice has declined to comment while the matter remains before the courts.
Broader Significance
The discontinuance of this case has drawn attention to the challenges of prosecuting psychological harm under workplace laws. Experts say such cases are difficult to prove, often hinging on internal workplace culture and subtle behaviours rather than overt misconduct.
For many, the case represented a potential turning point in how regulators treat psychosocial hazards in the workplace — a field growing in prominence with rising claims of mental injury linked to harassment, bullying, and unsafe cultures.
Conclusion
While WorkSafe WA has stepped back from prosecuting, the issues raised by Bronwyn Hendry’s allegations remain unresolved. The case has underscored both the complexity of regulating workplace psychological harm and the continuing struggle for victims seeking accountability in the justice system itself.