The exact scope of an upcoming review into SafeWork NSW is yet to be determined, but the state's fair trading commissioner has given an indication of what it might examine.
Natasha Mann faced a supplementary hearing as part of budget estimates on Friday.
She told the hearing the terms of reference for the inquiry into SafeWork are still being determined to ensure it does not overlap with a performance audit by Auditor-General Margaret Crawford, announced last week.
Ms Mann said she has been consulting about scope with the retired Supreme Court judge Robert McDougall, who will conduct the review.
"We'll probably work through them in the next week and I would expect them the following week, but obviously I want to make sure that Mr McDougall is happy," she said.
Mr McDougall previously reviewed Insurance and Care NSW and the State Insurance Regulatory Authority, and recommended a review into SafeWork.
The three agencies were created by the abolition of WorkCover in 2015.
Mr McDougall's review will look at SafeWork's operations, culture and governance.
Ms Mann said she expected the workplace safety regulator to be reviewed in a similar fashion to the other agencies.
"There were interviews, there were submissions and the report and those submissions were made public where they were permitted to be made public," Ms Mann said.
She was unable to confirm whether there would be public hearings on Friday but noted there were none conducted for Mr McDougall's previous reviews.
"He may feel that garnering evidence in private is a more effective way of doing it," Ms Mann said.
Customer Service Minister Victor Dominello announced the review on Tuesday after avoiding committing to one when asked during a budget estimates hearing last month.
Ms Mann said it was time for a review to "have a look and see how we can do better".
Concerns over a shortage of inspectors and a survey showing eight per cent planned on leaving within a year was not due to SafeWork's culture, Ms Mann said.
"It's an ageing population."
"One hundred of our current inspectors are 56 years or older, and 21 of those inspectors are over the age of 65, so we're actually expecting, and people are expecting to retire shortly, so we have a workforce issue and we are looking at workforce strategies," Ms Mann said.
Asked whether it was SafeWork policy not to prosecute serious breaches of workplace safety that could cause catastrophic injury if they were yet to cause any injuries, Ms Mann said individual inspectors are empowered to take action but do not have the final say.
"When we determine whether or not to take something to prosecution, it isn't left to one inspector," she said.
An internal panel considers the severity and scale of harm, the seriousness of any potential legal breach, and the compliance history of those in charge.
Ms Mann did not always agree with the panel's decisions.
"But in terms of a mechanism it is very important to have peer review for consistency and transparency."
"These are exactly the sort of things that I'm going to ask (Mr McDougall) to look at to make sure that panel is still fit for purpose," Ms Mann said.
