Response to final NSW Birth Trauma Inquiry report

NSW Government provides its response to the final report handed down in NSW Birth Trauma Inquiry – Part 4 - Carroll & O'Dea Lawyers
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NSW Government provides its response to the final report handed down in NSW Birth Trauma Inquiry – Part 4
Published on October 13, 2025 by Julia Harrison , Hannah Duque and Isabella Mirjanoska
The NSW Government tabled its response to the final report published by the NSW Parliament Select Committee on Birth Trauma on 29 August 2024 [1]. In its response, the Government acknowledged that some women experience birth trauma, which may be physical, psychological, or both [2]. Of the 43 recommendations aimed at addressing preventable birth trauma, the Government supported 42 either in full or in principle, with one recommendation noted.
Government’s Response to Recommendations
Part 3 of this series examined some key recommendations made by the Committee to the Government. The Government’s response to those recommendations is outlined below:
i. Recommendation 4 was supported in principle . While the Government indicated that no immediate legislative changes to the Civil Liability Act 2002 (NSW) , which governs laws relating to negligence, are planned, it committed to monitoring the healthcare sector to determine whether changes are required. The Government indicated that it would consider supporting further research into the benefits and difficulties of legislative reform relating to birthing experiences and medical negligence [3]
ii. Recommendation 5 was supported in principle . The Government noted that its commitment to supporting women’s mental health during pregnancy and the postnatal period aligns with Connecting, Listening and Responding: A Blueprint for Action – Maternity Care in NSW . It noted that all women are offered universal screening through the SAFE START program, which aims to identify women who may require specialised care such as referrals to social workers, psychologists, and perinatal and infant mental health services. The Government noted that it has invested in two new Mother and Baby Units at Royal Prince Alfred and Westmead Hospitals and is working with the Australian Government to enhance mental health screening under the Bilateral Mental Health and Suicide Prevention Schedule (2022-2026). It indicated that it would advocate for a review of Medicare rebates for mental health services to better support women’s needs [4].
iii. Recommendation 8 was supported in principle . The Government noted that it continues to support medical research by funding health system research priorities through the NSW Health Translational Research Grant Scheme , which supports practice-based research projects that can be translated into policy and practice. It encouraged the development of new models of care to improve maternity services, through a competitive, merit-based process [5].
iv. Recommendation 16 was supported. The Government indicated that it would undertake a review of existing legislation, taking into account practices in comparable jurisdictions [6].
v. Recommendation 17 was supported . The Government noted it provides consent training to all NSW Health clinicians through My Health Learning, as well as local training and in-services. It indicated that NSW Health will continue to explore opportunities to refine and implement consent training specifically for maternity clinicians [7].
vi. Recommendation 19 was supported. The Government noted that reviews of NSW Health state-wide policies and guidelines occur regularly as part of the policy cycle or when changes in evidence or clinical practice arise. It indicated that it would review all state-wide policies and guidelines related to birthing interventions to ensure they align with the NSW Health Consent to Medical and Healthcare Treatment Manual and are evidence-based. The Government acknowledged that local health districts may develop local protocols and procedures to support implementation of state-wide policy documents, which must remain consistent with relevant state-wide policy documents [8].
vii. Recommendation 31 was supported in principle. The Government indicated its commitment to strengthening midwifery leadership across the Ministry of Health, local health districts, and specialty health networks. It noted that the NSW Health Maternity Co-Leadership model engages senior midwife representatives from each local health district with Ministry of Health priorities to enhance safety and quality of maternity care [9].
viii. Recommendation 35 was supported in principle. The Government indicated its commitment to ensuring all families experiencing pregnancy or neonatal loss receive respectful, individualised bereavement care. It noted that an NSW Health Perinatal Loss Guideline is in development, focusing on care across all settings regardless of pregnancy loss gestation or location. The Government…

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