Your client's file was written before the matter arrived. Make sure it says the right things.
A SafeWork inspector, an icare case manager and a Fair Work Commissioner now ask the same three questions: what did the employer know, when, and what did it do next. PsychProof is the system your clients run day to day so the answer already exists, in order, with dates nobody can argue about.
What changed for your practice
NSW: section 26A makes the Code of Practice the benchmark. Follow it, or prove an equivalent or higher standard. Falling short can itself be a breach.
NSW: a psychological injury claim made from this date needs a particularised “relevant event”. Burnout and restructure stress are out unless tied to one. WHS enforcement runs regardless.
SafeWork NSW added 51 inspectors, 20 dedicated to psychosocial risk. From May, six-monthly public reporting on enforcement.
Victoria: written records of hazards identified, controls implemented and review decisions, including decisions not to change a control.
The matters where the record decides
Four situations your employer clients are in right now, what the record has to show, and what PsychProof holds when they ask you for it.
The investigation is the hazard
Secretary, NSW Department of Education v SafeWork NSW (No 2) [2026] NSWIRComm 1014. A ten-month misconduct investigation with minimal communication and menial alternative duties drew improvement notices, and the Commission upheld them. “Guide only” timelines were not a control. One incident grounded notices that applied organisation-wide.
What the record has to show
Allegations put promptly. A dated log of every update to the worker. Alternative duties assessed against the substantive role. An escalation when the timeline slips, not a note that it did.
What PsychProof holds
The case timeline, consultation entries, review dates and the decision record, each timestamped as it happens rather than reconstructed afterwards.
Restructure and performance management
UTS was stopped by a SafeWork NSW prohibition notice the day before a change meeting for about 800 staff. The Department of Defence was convicted and fined $188,000 after four Work Plans in six months, no supervisor training and no pause when the worker was visibly not coping.
What the record has to show
Risk assessed before the decision is locked. Consultation before, during and after. Welfare checkpoints in the process itself. Evidence the supervisors were trained and knew when to stop.
What PsychProof holds
The change plan with its pre-decision consultation trail, and the control and review history for the unit affected, including who owned each step.
The claim arrives
For claims made from 1 July 2026 a NSW worker must particularise dates, people and conduct. The employer’s answer is its contemporaneous record: what was raised, who owned it, what control was applied, when it was reviewed. A management action defence rests on documented reasons, not recollection.
What the record has to show
A chronology that already exists. Reasons recorded at the time. Consistency with how others were treated. Nothing assembled the week the letter arrives.
What PsychProof holds
A chronology export for counsel, with the provision each step engages, and the full audit trail behind it.
The inspector visits
Under s26A an inspector expects controls mapped to the Code, the hierarchy of control applied, and review cycles that actually ran. A policy that was not applied is not a control; the DoE decision said so in terms. Under s155 or s171 the regulator can require the documents anyway. The question is whether producing them helps.
What the record has to show
A hazard register, controls by hierarchy tier, a review schedule and what happened at each review. Consultation records that show who was consulted and what changed as a result.
What PsychProof holds
All of it, in one export, mapped to the Code. The employer arrives with a record rather than a folder.
Also: general protections
The employer bears the reverse onus. The dated record of what was raised, what was handled and the operative reason for each decision is the defence, and it has to predate the claim.
Also: Respect@Work positive duty
Active prevention, not just response. A continuous record of hazards raised, controls applied and reviews run is the evidence of a prevention framework, and Queensland now requires the plan in writing.
What you get on a matter
Before you have briefed anyone, and before the other side has asked.
A chronology of knowledge and action
Dated, in order, exportable in minutes. The document you currently spend the first week of a matter reconstructing from email.
Consultation records that mean something
Who was consulted, when, and what changed as a result. Consultation is a continuing obligation before, during and after; the record shows it happened at each stage.
Control history by hierarchy tier
What was put in place, when it was reviewed, and what the review decided, including the decision not to change a control. Victoria now requires exactly that record.
Every entry mapped to the provision it engages
WHS Act s19, Regulation 55A to 55D, the Code of Practice, the Fair Work Act. The response is linked to the duty it discharges.
Timestamps nobody can argue about
Each record is timestamped by an independent authority (RFC 3161) and hashed on creation. The creation date is provable and the absence of backdating is verifiable. That is the only sentence on cryptography on this page.
A 48-hour claim response package
On Governance plans: a structured evidence export prepared for counsel, with the full audit trail, ready within 48 hours of a claim being lodged.
Evidence you can tender
The record is built to be produced under the Evidence Act, not just stored.
The shape of a business record
Each entry is made in the ordinary course of the employer’s WHS system, by the person with knowledge, at or near the time. That is the s69 shape. The audit trail shows who made it, when, and every later change.
A process you can prove
Section 146 presumes a documented process produced what it is said to have produced. The hash chain and the independent RFC 3161 tokens sit underneath that presumption. Verification runs inside the product, and the other side can run it too.
Formats you already work in
PDF register and chronology, with the SHA-256 of each file recorded at export. CSV evidence bundle. Archive of timestamp tokens. Full audit log. Files, not a portal: they go into iManage, NetDocuments, LEAP or whatever the firm runs, and fit a court book under GPN-eBOOKS.
Whether a record is admitted, and what weight it carries, is a matter for the tribunal and for counsel. PsychProof makes the record. It does not make the ruling.
Privilege and discoverability, stated plainly
PsychProof holds the employer's operational compliance record. It is meant to be produced. That is the point of it: the record that satisfies an inspector under s26A is the same record that answers “what did the employer know and when” in a claim. It is not privileged, and it should not be treated as if it were.
Legal advice belongs in a separate stream. The counsel data room exists so you can work from the operational record without your advice, drafts and strategy being mixed into it. Crafti v Cohealth is the reminder: privilege over an investigation report depends on the employer's actual dominant purpose at the outset, and an outcome letter that summarises the evidence can waive it.
A platform cannot create privilege. What it can do is keep the operational record clean, complete and separate from the privileged one, so you are never choosing between producing a mess and producing nothing.
PsychProof documents the duty of care. Whether a record is privileged, and whether it is adequate, is a matter for legal judgment.
How firms work with PsychProof
Your audit ends in recommendations. Your matter starts with a request for records. PsychProof sits between the two.
After your audit
Your fixed-fee psychosocial audit ends in recommendations. PsychProof is where the client implements them, and where you can see whether they did. Advisor access to the client workspace is free for the referring firm, and a quarterly review of the record is a natural retainer. If a matter ends in an enforceable undertaking, the record of the systemic fix is already being kept.
On a matter
Ask the client for a forensic export. If they are not on PsychProof yet, a Pilot puts one business unit under a proper record from today: an active investigation, a restructure, a team with a live complaint. $599 a month, six-month term, credited against a rollout.
Refer a client
Clients managing active complaints, running restructures, or operating in healthcare, aged care, education or other high-exposure sectors. Two ways to do it: free advisor access to the client workspace and nothing else, or a written referral arrangement drafted so you can make the disclosure rule 12.4.3 of the Solicitors' Conduct Rules requires. Your choice, per client.
A 30-minute briefing for your employment and WHS team
No pitch. Section 26A and what inspectors now ask for. The DoE and Defence decisions. Crafti and how to structure an investigation so privilege survives. The NSW compensation reforms. What a forensic export looks like, on a live workspace. Practitioners may be able to self-assess it for CPD under Substantive Law or Professional Skills.
Finalist, 2026 Psychosocial Safety and Leadership Awards
Innovation in Psychosocial Risk Management, for the workflow this page describes: identification through control to review, with the record kept as it happens.
What the courts and regulators have established
The standard your client has to meet, in the order it was set
Questions lawyers ask first
Does this replace our advice?
No. It is where the client runs the process you advised, and where you can see whether they did.
Can the client’s records be used against them?
Yes. That is true of any record, and it is the point of keeping a good one. The reverse onus in a general protections claim and the s26A benchmark both assume the employer can produce a record. The employer who cannot is in a different position from the one who can.
Who owns the data, and where is it?
The client. Australia only, on AWS Sydney via Supabase, with no offshore region for platform data. Counsel access is granted by the client and every access is logged. Sub-processors, encryption, backups and what is and is not yet independently certified are all set out on the security page.
Read the security pageCan we see a live workspace before recommending it?
Yes. The briefing includes one, and referring firms get free professional access to their clients’ workspaces.
The employer who documented everything is in a different legal position to the one who didn't.
PsychProof builds that record continuously, before the matter arrives.
Law firms are PCBUs too. If your own practice needs the same record, the Pilot tier fits one practice group. See pricing