Occupational Health and Safety Act 2004 (Vic)

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Version No. 045

Occupational Health and Safety Act 2004

No. 107 of 2004

Version incorporating amendments as at


6 August 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Objects

3Commencement

4The principles of health and safety protection

5Definitions

5AExtended definition of employer and employee—labour hire

6Act binds the Crown

Part 2—The Authority

Division 1—General functions and powers

7Functions of the Authority

8Powers of the Authority

Division 1A—Use of information

8AAUse of information

Division 2—Power to obtain information

9Power to obtain information

10Restrictions on disclosure of information

11Circumstances in which information may be disclosed

Division 3—Power to make guidelines

12Power to make guidelines

13How guidelines are made

14Withdrawal of guidelines

15Guidelines do not affect rights and duties etc.

Division 4—Power to accept undertakings relating to contraventions

16Authority may accept undertakings

17Enforcement of undertakings

Division 5—Power to give advice on compliance

18Power to give advice on compliance

Division 6—Occupational Health and Safety Advisory Committee

19Occupational Health and Safety Advisory Committee

Part 3—General duties relating to health and safety

Division 1—The concept of ensuring health and safety

20The concept of ensuring health and safety

Division 2—Main duties of employers

21Duties of employers to employees

22Duties of employers to monitor health and conditions etc.

23Duties of employers to other persons

Division 3—Duties of self-employed persons

24Duties of self-employed persons to other persons

Division 4—Duties of employees

25Duties of employees

Division 5—Duties of other persons

26Duties of persons who manage or control workplaces

27Duties of designers of plant

28Duties of designers of buildings or structures

29Duties of manufacturers of plant or substances

30Duties of suppliers of plant or substances

31Duties of persons installing, erecting or commissioning plant

32Duty not to recklessly endanger persons at workplaces

Division 6—Other matters

33Single charge for multiple contraventions of certain duties

34Civil liability not affected by this Part

Part 4—Duty of employers to consult

35Duty of employers to consult with employees

35ADuty to consult with other employers in relation to duties relating to labour hire

Part 5—Duties relating to incidents

37Incidents to which this Part applies

38Duty to notify of incidents

39Duty to preserve incident sites

Part 5A—Workplace manslaughter

Division 1—Preliminary

39AObjects of Part 5A

39BDefinitions

39CWhat does conduct mean?

39DWhen may conduct constitute a breach of an applicable duty?

39EWhen is conduct negligent?

39FWhen does a person owe an applicable duty to another person?

Division 2—Offences

39GWorkplace manslaughter

Part 6—Licences, registration, permits and other requirements

40Requirements for licence or registration

41Requirements for prescribed qualifications or experience

42Requirements for permit or certificate of competency

Part 7—Representation of employees

Division 1—Grouping of employees

43Establishment of designated work groups

44Negotiation of agreement concerning designated work groups

45Determination by inspector of unresolved particulars

46Matters to be taken into account

Division 2—Grouping of employees of multiple employers

47Establishment of designated work groups of multiple employers

48Negotiation of agreement for designated work groups of multiple employers

49Matters to be taken into account

50Guidelines for negotiations involving multiple employers

51Withdrawal from negotiations or agreement involving multiple employers

52Effect of Division on other arrangements

Division 3—Prohibition on coercion relating to designated work groups

53Prohibition on coercion

Division 4—Health and safety representatives

54Election of health and safety representatives

55Term of office

56Disqualification of health and safety representatives

57Deputy health and safety representatives

Division 5—Powers of health and safety representatives

58Powers of health and safety representatives

59Powers generally limited to the particular designated work group

60Provisional improvement notices

61Provisional improvement notices may include directions

62Offence to contravene a provisional improvement notice

63Attendance of inspector at workplace after issue of provisional improvement notice

64Issue etc. of provisional improvement notice or inspector's notice

65Formal irregularities or defects in provisional improvement notices

66Proceedings for offences not affected by notices

Division 6—Obligations of employers to health and safety representatives

67Obligation to train health and safety representatives

68Obligation to share costs if multiple employers

69Other obligations of employers to health and safety representatives

70Obligation to persons assisting health and safety representatives

71Obligation to keep list of health and safety representatives

Division 7—Health and safety committees

72Health and safety committees

Division 8—Resolution of health and safety issues

73Resolution of health and safety issues

74Direction to cease work

75Inspector may be required to attend workplace

Division 9—Discrimination against employees or prospective employees

Subdivision 1—Criminal offences and proceedings

76Prohibition on discrimination

77Accused bears onus of proof

78Order for damages or reinstatement

Subdivision 2—Civil actions for discriminatory conduct

78AProhibition of discriminatory conduct

78BProhibited reasons

78CProhibition of authorising or assisting discriminatory conduct

78DCivil action for discriminatory conduct

78EProcedure for actions for discriminatory conduct

Part 8—Authorised representatives of registered employee organisations

Division 1—Definitions

79Definitions relating to registered employee organisations

Division 2—Entry permits

80Limit on number of entry permits held by authorised representatives

81Who may hold an entry permit

82Courses of training for authorised representatives

83Issue of entry permits

84Expiry of entry permits

85Revocation and disqualification

86Return of expired or revoked entry permits

Division 3—Entry by authorised representatives

87Entry powers of authorised representatives

88Announcement on entry

89Powers on entry

90Limitations on exercise of powers

Division 4—Offences relating to authorised representatives

91Offences by authorised representatives

92Loss or damage caused by authorised representative

93Offence to obstruct etc. authorised representative

94Offence to impersonate authorised representative

Part 9—Inspectors and enforcement

Division 1—Appointment of inspectors

95Appointment of inspectors

96Identity cards

Division 2—Performance of functions or exercise of powers

97Inspectors subject to Authority's directions

Division 3—Powers relating to entry

98Power to enter

99General powers on entry

100Power to require production of documents and answers to questions

101Power to take samples

Division 4—Procedure relating to entry

102Announcement on entry

103Report to be given about entry

Division 5—Search warrants

104Issue of search warrants

105Announcement before entry on warrant

106Copy of warrant to be given to occupier

Division 6—Limitation on entry powers

107Places used for residential purposes

Division 7—Return and forfeiture of seized things

108Return of seized things

109Forfeiture of seized things

Division 8—Powers to issue notices

110Power to issue non-disturbance notice

111Power to issue improvement notice

112Power to issue prohibition notice

113Directions or conditions in notices

114Variation or cancellation of notices

115Issue of notices

116Formal irregularities or defects in notices

117Proceedings for offences not affected by notices

118Injunctions for non-compliance with notices

Division 9—Other powers

119Power to require name and address

120Power to give directions

Division 10—Other matters

121Persons who must assist inspector

122Other assistance in exercising powers

123Inspector may take affidavits

124Inspector may copy documents

Division 11—Offences

125Offences in relation to inspections

126Offence to impersonate inspector

Part 9A—Workplace Incidents Consultative Committee

126AEstablishment of Workplace Incidents Consultative Committee

126BAnnual report

Part 10—Review of decisions

127Which decisions are reviewable

128Internal review

128ARequests for further information

129Review by the Tribunal

Part 11—Legal proceedings

Division 1—General matters

130Proceedings may be brought by the Authority or inspectors

131Procedure if prosecution is not brought

132Limitation period for prosecutions

133Judicial notice of Minister's signature etc.

134Evidence of certain matters

Division 2—Sentencing for offences

135Adverse publicity orders

136Orders to undertake improvement projects

137Release on the giving of a health and safety undertaking

138Variation or contravention of orders under section 137

Division 3—Infringement notices

139Infringement notices

Division 4—Offences by bodies corporate

143Imputing conduct to bodies corporate

144Liability of officers of bodies corporate

Division 5—Offences by partnerships and unincorporated bodies or associations

145Liability of officers of partnerships and unincorporated bodies or associations

Division 6—Proceedings against the Crown

146Responsible agency for the Crown

147Infringement and other notices may be issued to the Crown

148Proceedings against successors to public bodies

Part 11A—Insurance and indemnity for pecuniary penalties prohibited

148ACertain insurance and indemnity arrangements void

148BProhibition on insurance and indemnity for pecuniary penalties

Part 12—Compliance codes

149Compliance codes

150Effect of compliance codes

151Disallowance of certain compliance code orders

Part 13—Other matters

151AContributions by non-WorkCover employers to the WorkCover Authority Fund

151BProvision of return by non-WorkCover employers

151CAuthority may require non-WorkCover employer to provide further information

151DAuthority may require information from non-WorkCover employers

151EAuthority may require non-WorkCover employer to facilitate the provision of information

151FApplication of sections 151A to 151E

152Effect of compliance with regulations or compliance codes

153Offence to give false or misleading information

154Protection against self-incrimination

155Legal professional privilege and client legal privilege not affected

156Delegation by the Minister

157Responsibility for activities carried out under the Offshore Petroleum and Greenhouse Gas Storage Act

158Regulations

Part 14—Repeal of old Act and transitional provisions

Division 1—Repeal of Occupational Health and Safety Act 1985

159Repeal

Division 2—Transitional provisions

160Definition of old Act

161No effect on Interpretation of Legislation Act 1984

162Limitation on duties of designers of buildings or structures

163Continuation of designated work groups

164Continuation of health and safety representatives

165Continuation of health and safety committees

166Continuation of inspectors

167Inspectors' powers relating to offences committed before commencement

168Use of codes of practice in proceedings

169Treatment of improvement notices, prohibition notices and certain directions

170Things done under the old Act

171Proceedings for offences against old Act

172Continuation of certain regulations

173Occupational Health and Safety (Asbestos) Regulations 2003

174Occupational Health and Safety (Major Hazard Facilities) Regulations 2000

175Offences against certain regulations

176Regulations dealing with transitional matters

177Proceedings for contravention of section 78A or 78C

Part 15—Transitional provisions

Division 1—WorkSafe Legislation Amendment Act 2017

178Definitions

179Amendment of section 16 (Authority may accept undertakings)

180Amendment of section 38 (Duty to notify incidents)

181Amendment of section 39 (Duty to preserve incident sites)

182Amendment of section 64 (Service of provisional improvement notice or inspector's notice)

183Amendment of section 100 (Power to require production of documents etc.)

184Amendment of section 115 (Service of notices)

185Amendment of section 132 (Limitation period for prosecutions)

186Amendment of section 153 (Offence to give false or misleading information)

Division 2—Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019

187Workplace manslaughter

Division 3—Crimes Amendment (Manslaughter and Related Offences) Act 2020

188Amendment of section 39G (Workplace manslaughter)

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 045

Occupational Health and Safety Act 2004

No. 107 of 2004

Version incorporating amendments as at


6 August 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to create a legislative framework to give effect to the objects of this Act; and

(b)to repeal the Occupational Health and Safety Act 1985; and

(c)to provide for matters of a transitional nature and make consequential amendments.

2Objects

(1)The objects of this Act are—

(a)to secure the health, safety and welfare of employees and other persons at work; and

(b)to eliminate, at the source, risks to the health, safety or welfare of employees and other persons at work; and

(c)to ensure that the health and safety of members of the public is not placed at risk by the conduct of undertakings by employers and self-employed persons; and

(d)to provide for the involvement of employees, employers, and organisations representing those persons, in the formulation and implementation of health, safety and welfare standards—

having regard to the principles of health and safety protection set out in section 4.

(2)It is the intention of the Parliament that in the administration of this Act regard should be had to the principles of health and safety protection set out in section 4.

3Commencement

(1)Subject to this section, this Act comes into operation on 1 July 2005.

(2)Section 28 comes into operation on 1 July 2006.

(3)Division 6 of Part 2 and section 172(2) come into operation on the day after the day on which this Act receives the Royal Assent.

(4)Part 4 comes into operation on a day to be proclaimed but if it has not come into operation before 1 January 2006, it comes into operation on that day.

4The principles of health and safety protection

(1)The importance of health and safety requires that employees, other persons at work and members of the public be given the highest level of protection against risks to their health and safety that is reasonably practicable in the circumstances.

(2)Persons who control or manage matters that give rise or may give rise to risks to health or safety are responsible for eliminating or reducing those risks so far as is reasonably practicable.

(3)Employers and self-employed persons should be proactive, and take all reasonably practicable measures, to ensure health and safety at workplaces and in the conduct of undertakings.

(4)Employers and employees should exchange information and ideas about risks to health and safety and measures that can be taken to eliminate or reduce those risks.

(5)Employees are entitled, and should be encouraged, to be represented in relation to health and safety issues.

5Definitions

(1)In this Act—

authorised representative of a registered employee organisation means a person who holds an entry permit issued under Part 8;

Authority means the Victorian WorkCover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013;

commission in relation to plant includes performing necessary adjustments, tests and inspections before the plant starts or re-starts operations;

compliance code means a compliance code approved by the Minister under Part 12;

contribution means a contribution the amount of which is determined in accordance with section 151A(2);

corresponding Authority means a Government department or a statutory authority of the Commonwealth Government, or of the Government of another State or of a Territory, that is responsible for administering a law corresponding to this Act, the Dangerous Goods Act 1985 or the Equipment (Public Safety) Act 1994;

designated work group means a group of employees established under Division 1 or 2 of Part 7;

disclose in relation to information includes divulge or communicate to any person or publish;

eligible person in relation to a reviewable decision has the meaning given by section 127;

employee means a person employed under a contract of employment or contract of training (see also subsection (2));

employer means a person who employs one or more other persons under contracts of employment or contracts of training;

entry permit means an entry permit issued under Part 8;

exit date has the same meaning as it has in section 413 of the Workplace Injury Rehabilitation and Compensation Act 2013;

health includes psychological health;

health and safety committee, other than in section 72, means a health and safety committee whether or not required by this Act to be established;

health and safety representative means a health and safety representative for a designated work group who has been elected and holds office in accordance with Part 7;

indemnify means indemnify wholly or partly;

inspector means an inspector appointed under Part 9;

insure means insure wholly or partly;

interest at the prescribed rate means interest at the rate fixed for the time being under section 2 of the Penalty Interest Rates Act 1983;

labour hire services has the same meaning as it has in the Labour Hire Licensing Act 2018;

non-WorkCover employer has the same meaning as it has in section 413 of the Workplace Injury Rehabilitation and Compensation Act 2013;

Occupational Health and Safety Advisory Committee means the Committee established under Division 6 of Part 2;

officer of a body corporate, unincorporated body or association or partnership has the meaning (other than in Part 8) given by section 9 of the Corporations Act;

person includes a body corporate, unincorporated body or association and a partnership;

place includes a car, truck, ship, boat, airplane and any other vehicle;

plant includes—

(a)any machinery, equipment, appliance, implement and tool; and

(b)any component of any of those things; and

(c)anything fitted, connected or related to any of those things;

provider has the same meaning as it has in the Labour Hire Licensing Act 2018;

rateable remuneration has the same meaning as it has in section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013;

registered employee organisation has the meaning given by section 79;

reviewable decision has the meaning given by section 127;

self-employed person means a person, other than an employer, who works for gain or reward otherwise than under a contract of employment or training;

self-insurer has the same meaning as it has in section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013;

substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour;

supply includes supply and resupply by way of sale, exchange, lease, hire or hire-purchase, whether as principal or agent;

Tribunalmeans the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses);

WorkCover Authority Fund has the same meaning as it has in the Workplace Injury Rehabilitation and Compensation Act 2013;

worker has the same meaning as it has in the Labour Hire Licensing Act 2018;

workplace means a place, whether or not in a building or structure, where employees or self‑employed persons work.

(2)For the purposes of this Act and the regulations—

(a)the following persons are taken to be employed by the Crown under a contract of service—

(i)a police officer within the meaning of the Victoria Police Act 2013;

(ii)a police reservist within the meaning of the Victoria Police Act 2013;

(iii)a protective services officer within the meaning of the Victoria Police Act2013; and

(b)despite any contrary rule of law, the contract of service and the relationship of employer and employee is to be taken to exist between the Crown and each of those persons in respect of the performance of the duties and exercise of the powers as such a person (whether arising at common law, under statute, by the instructions of superiors or otherwise).

5AExtended definition of employer and employee—labour hire

(1)For the purposes of this Act, a person is taken to be an employer of a worker, and the worker is taken to be an employee of the person, if a provider of labour hire services supplies the worker to, recruits the worker for or places the worker with the person to perform work for the person.

(2)Despite subsection (1), a person is not taken to be an employer of a worker if—

(a)the person is included in a class of person prescribed by the regulations; or

(b)the person provides services prescribed by the regulations.

(3)Despite subsection (1), a worker is not taken to be an employee of an employer if—

(a)the worker is included in a class of individual prescribed by the regulations; or

(b)the worker provides services prescribed by the regulations.

6Act binds the Crown

(1)This Act and the regulations bind the Crown—

(a)in right of the State of Victoria; and

(b)to the extent that the legislative power of the Parliament permits, in all its other capacities.

(2)To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations.

PART 2—THE AUTHORITY

Division 1—General functions and powers

7Functions of the Authority

(1)The Authority has the following functions—

(a)to enquire into and report to the Minister on any matters referred to the Authority by the Minister (within the time specified by the Minister);

(b)to make recommendations to the Minister with respect to—

(i)the operation and administration of this Act and the regulations; and

(ii)regulations or compliance codes that the Minister or the Authority proposes should be made or approved under this Act; and

(iii)the establishment of public inquiries (if appropriate) into any matter relating to occupational health, safety and welfare;

(c)to monitor and enforce compliance with this Act and the regulations;

(d)to administer, examine, review and make recommendations concerning existing or proposed registration or licensing schemes relating to occupational health, safety and welfare;

(e)to co‑operate with, and give advice and information to the following persons in relation to occupational health, safety and welfare—

(i)corresponding Authorities;

(ii)registered employee organisations (within the meaning of Part 8) and other organisations representing employers or employees;

(iii)other interested persons;

(f)to disseminate information about the duties, obligations and rights of persons under this Act or the regulations and to formulate standards, specifications or other forms of guidance for the purpose of assisting persons to comply with their duties and obligations;

(g)to promote education and training by—

(i)devising, in co-operation with educational and other bodies, courses in occupational health, safety and welfare; and

(ii)approving courses in occupational health, safety and welfare (whether or not devised in co-operation with another body); and

(iii)facilitating access to those courses; and

(iv)initiating or promoting events such as conferences and forums, and the publication of information, relating to occupational health, safety and welfare;

(h)to foster a co-operative, consultative relationship between employers and their employees in relation to the health, safety and welfare of those employees;

(i)to engage in, promote and co‑ordinate the sharing of information to achieve the objects of this Act;

(j)to promote public awareness and discussion of occupational health, safety and welfare issues and an understanding and acceptance of the principles of health and safety protection set out in section 4;

(k)to develop and implement programs to provide incentives for employers—

(i)to implement measures to eliminate or reduce risks to health or safety; and

(ii)to otherwise improve occupational health, safety and welfare;

(l)to monitor the operation of measures taken and arrangements put in place to ensure occupational health, safety and welfare;

(m)to initiate and encourage research to identify efficient and effective strategies for improving occupational health, safety and welfare;

(n)to collect and publish statistics relating to occupational health, safety and welfare.

Note

The Workplace Injury Rehabilitation and Compensation Act 2013 also confers functions on the Authority relating to occupational health, safety and welfare.

(2)The Authority also has such other functions as are conferred on it by or under this Act.

(3)Before the Authority makes a recommendation to the Minister under subsection (1)(b)(ii) concerning a proposed compliance code, it must issue the proposed compliance code for public review and comment.

(4)However, the Authority need not comply with subsection (3) if the Minister considers that it is in the public interest that the proposed compliance code be made as soon as practicable.

(5)The Authority must ensure, as far as possible, that information it gives is in a form and in such languages as is appropriate for the persons to whom it is directed.

8Powers of the Authority

(1)Subject to this Act, the Authority has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

(2)Without limiting subsection (1), the Authority has all the functions and powers that an inspector has under this Act or the regulations.

(3)Without limiting subsection (1), the Authority has the following powers—

(a)the power to enter into agreements or contracts with a corresponding Authority for or with respect to the following—

(i)the Authority performing the functions or exercising the powers of the corresponding Authority as its agent;

(ii)the Authority performing works or providing services for the corresponding Authority;

(iii)the Authority giving information to the corresponding Authority;

(iv)the Authority providing the corresponding Authority with the use of its facilities or the services of its staff;

(v)the corresponding Authority doing any of the things in subparagraphs (i) to (iv) for or in respect of the Authority;

(b)in addition to, but not limited by, any other power under this section, the power to provide related and ancillary services.

Note

For corresponding Authority, see section 5.

Division 1A—Use of information

8AAUse of information

(1)Information collected by the Authority under this Act or the regulations may be used by the Authority to perform its functions and exercise its powers under any Act if the use—

(a)is reasonably necessary for the purposes of performing a function or exercising a power conferred on the Authority under that Act or regulations made under that Act; or

(b)is directly related to a function or power conferred on the Authority under that Act.

(2)This section does not affect the operation of—

(a)the Health Records Act 2001; or

(b)the Privacy and Data Protection Act 2014; or

(c)the Victorian Data Sharing Act 2017.

Division 2—Power to obtain information

9Power to obtain information

(1)For the purpose of ascertaining whether this Act or the regulations have been complied with or of investigating a suspected contravention, the Authority may (by written notice) require a person to—

(a)give the Authority such information as the Authority requires; or

(b)produce a document in the custody or control of the person.

(2)A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(3)A notice under subsection (1) directed to a natural person must inform the person that he or she may refuse or fail to give any information if giving the information would tend to incriminate him or her.

Note

Under section 153, it is an offence for a person to give information in complying or purportedly complying with this Act that the person knows to be false or misleading in a material particular.

10Restrictions on disclosure of information

(1)This section applies to a person who is or has been—

(a)a member of the Authority's Board of Management; or

(b)appointed for the purposes of this Act; or

(c)engaged as a member of the Authority's staff; or

(d)authorised to perform a function or exercise a power of, or on behalf of, the Authority.

(2)Subject to section 11, a person to whom this section applies must not, except to the extent necessary to perform official duties or to perform a function or exercise a power of, or on behalf of, the Authority—

(a)directly or indirectly make a record of or disclose to any other person any information acquired by the person because he or she is or has been a person to whom this section applies; or

(b)make use of any such information for any purpose other than—

(i)the performance of official duties; or

(ii)the performance of a function or exercise of a power of, or on behalf of, the Authority.

Penalty:100 penalty units.

11Circumstances in which information may be disclosed

(1)Nothing in section 10 precludes a person from doing any of the following—

(a)producing a document to a court in the course of criminal proceedings;

(b)producing a document to a court or the Tribunal in the course of proceedings under this Act or the regulations;

(c)disclosing to a court in the course of criminal proceedings, or to a court or the Tribunal in the course of proceedings under this Act or the regulations, any matter or thing arising under this Act or the regulations or coming to the notice of the person—

(i)in the performance of official duties; or

(ii)in the performance of a function or exercise of a power of, or on behalf of, the Authority;

(d)producing a document or disclosing information with respect to a matter or thing arising under this Act or the regulations to any of the following—

(i)the Secretary to the Department of Treasury and Finance;

(ii)a corresponding Authority;

(iii)an authority, department or public body, within the meaning of the Financial Management Act 1994, that has functions in relation to particular occupational health and safety matters arising under this or another Act;

(iv)a committee of the Parliament;

(v)a person or body approved (in writing) by the Governor in Council for the purposes of this section;

(e)producing a document or disclosing information that is required or permitted by or under this or another Act to be produced or disclosed (as the case may be).

Note

For corresponding Authority, see section 5.

(2)The Minister must cause a report of requests for the approval of persons or bodies by the Governor in Council under subsection (1)(d)(v) to be laid before each House of the Parliament within 14 sitting days of that House after 30 June in each year.

(3)The report must include the following matters in respect of each request—

(a)the name of the person sought to be approved;

(b)the reason for the request;

(c)the date of the request;

(d)whether the request was approved or refused.

Division 3—Power to make guidelines

12Power to make guidelines

(1)The Authority may, in accordance with this Division, make guidelines on the way in which—

(a)a provision of this Act or of a regulation made under this Act would, in the Authority's opinion, apply to a class of persons or to a set of circumstances; or

(b)a discretion of the Authority under a provision of, or regulation made under, this Act would be exercised.

(2)For the purposes of this section, the Authority exercises a discretion if the Authority—

(a)forms an opinion; or

(b)attains a state of mind; or

(c)makes a determination; or

(d)exercises a power; or

(e)refuses or fails to do any of those things.

13How guidelines are made

(1)If the Authority proposes to make guidelines, it must—

(a)ensure notice of the proposed guidelines is published in the Government Gazette and a newspaper circulating generally throughout the State; and

(b)include in the notice a statement that written submissions or comments on the proposed guidelines may be made to the Authority within a specified period; and

(c)give a copy of the proposed guidelines to each person who requests it during that period.

(2)After considering the submissions and comments (if any) received by the Authority within the specified period, the Authority may make the guidelines (with or without modifications) by causing notice of them to be published in the Government Gazette.

(3)If the Authority makes guidelines, it must ensure notice of them is also published in a newspaper circulating generally throughout the State.

14Withdrawal of guidelines

(1)The Authority may withdraw guidelines by causing notice of the withdrawal to be published in the Government Gazette.

(2)The notice must also be published in a newspaper circulating generally throughout the State.

15Guidelines do not affect rights and duties etc.

Guidelines under this Division do not give rise to—

(a)any liability of, or other claim against, the Authority; or

(b)any right, expectation, duty or obligation that would not otherwise be conferred or imposed on a person; or

(c)any defence that would not otherwise be available to that person.

Division 4—Power to accept undertakings relating to contraventions

16Authority may accept undertakings

(1)The Authority may accept (by written notice) a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act or the regulations.

(2)The person may withdraw or vary the undertaking at any time but only with the Authority's written consent.

(3)A person who gives an undertaking under this section must not contravene the undertaking.

Penalty:500 penalty units for a natural person;

2500 penalty units for a body corporate.

(4)Neither the Authority nor an inspector may bring a proceeding for an offence against this Act or the regulations constituted by the contravention or alleged contravention to which an undertaking relates—

(a)while the undertaking is in effect; or

(b)if the undertaking has been fully complied with and discharged.

17Enforcement of undertakings

(1)If the Authority considers that a person has contravened an undertaking accepted by the Authority, the Authority may apply to the Magistrates' Court for enforcement of the undertaking.

(2)If the Magistrates' Court is satisfied that the person has contravened the undertaking, it may make—

(a)an order that the person must comply with the undertaking or take specified action to comply with the undertaking; or

(b)any other order that it considers appropriate.

Division 5—Power to give advice on compliance

18Power to give advice on compliance

(1)The Authority may give advice to a person who has a duty or obligation under this Act or the regulations about complying with that duty or obligation.

(2)The giving of such advice by the Authority does not give rise to—

(a)any liability of, or other claim against, the Authority; or

(b)any right, expectation, duty or obligation that would not otherwise be conferred or imposed on the person given the advice; or

(c)any defence that would not otherwise be available to that person.

(3)The Authority's power under this section to give advice may also be exercised by an inspector or, if the Authority authorises any other person to exercise the power, that other person.

Note

An inspector or other person exercising this power may not be liable for things done or omitted to be done in good faith (see section 499(3) of the Workplace Injury Rehabilitation and Compensation Act 2013).

Division 6—Occupational Health and Safety Advisory Committee

19Occupational Health and Safety Advisory Committee

(1)There is to be an Occupational Health and Safety Advisory Committee.

(2)The Chairperson of the Authority's Board of Management, or such other member of the Board as the Chairperson nominates, is to be the Chairperson of the Occupational Health and Safety Advisory Committee.

(3)The Occupational Health and Safety Advisory Committee is to consist of the Chairperson and the following members appointed (in writing) by the Minister from time to time—

(a)2 persons recommended by the Authority's Board of Management who represent the interests of the Authority;

(b)2 persons who the Minister considers represent the interests of the Crown;

(c)6 persons who the Minister considers represent the interests of employers (at least 2 of whom the Minister considers represent the interests of employers engaged in small business);

(d)6 persons who the Minister considers represent the interests of employees;

(e)2 independent persons who the Minister considers have appropriate expertise and experience in occupational health and safety;

(f)2 persons who the Minister considers have been affected, directly or indirectly, by a workplace incident that involves death or a serious injury or illness.

(4)The functions of the Occupational Health and Safety Advisory Committee are—

(a)to enquire into and report to the Authority's Board of Management on any matters referred to it by the Board in accordance with the terms of reference given by the Board; and

(b)to advise the Board in relation to—

(i)promoting healthy and safe working environments; and

(ii)the operation and administration of this Act and the regulations; and

(c)to carry out such other functions as are conferred by this Act.

(5)The Occupational Health and Safety Advisory Committee must operate in accordance with the procedures (if any) determined by the Authority's Board of Management.

PART 3—GENERAL DUTIES RELATING TO HEALTH AND SAFETY

Division 1—The concept of ensuring health and safety

20The concept of ensuring health and safety

(1)To avoid doubt, a duty imposed on a person by this Part or the regulations to ensure, so far as is reasonably practicable, health and safety requires the person—

(a)to eliminate risks to health and safety so far as is reasonably practicable; and

(b)if it is not reasonably practicable to eliminate risks to health and safety, to reduce those risks so far as is reasonably practicable.

(2)To avoid doubt, for the purposes of this Part and the regulations, regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring health and safety—

(a)the likelihood of the hazard or risk concerned eventuating;

(b)the degree of harm that would result if the hazard or risk eventuated;

(c)what the person concerned knows, or ought reasonably to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk;

(d)the availability and suitability of ways to eliminate or reduce the hazard or risk;

(e)the cost of eliminating or reducing the hazard or risk.

Division 2—Main duties of employers

21Duties of employers to employees

(1)An employer must, so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health.

Penalty:1800 penalty units for a natural person;

9000 penalty units for a body corporate.

(2)Without limiting subsection (1), an employer contravenes that subsection if the employer fails to do any of the following—

(a)provide or maintain plant or systems of work that are, so far as is reasonably practicable, safe and without risks to health;

(b)make arrangements for ensuring, so far as is reasonably practicable, safety and the absence of risks to health in connection with the use, handling, storage or transport of plant or substances;

(c)maintain, so far as is reasonably practicable, each workplace under the employer's management and control in a condition that is safe and without risks to health;

(d)provide, so far as is reasonably practicable, adequate facilities for the welfare of employees at any workplace under the management and control of the employer;

(e)provide such information, instruction, training or supervision to employees of the employer as is necessary to enable those persons to perform their work in a way that is safe and without risks to health.

(3)For the purposes of subsections (1) and (2)—

(a)a reference to an employee includes a reference to an independent contractor engaged by an employer and any employees of the independent contractor; and

(b)the duties of an employer under those subsections extend to an independent contractor engaged by the employer, and any employees of the independent contractor, in relation to matters over which the employer has control or would have control if not for any agreement purporting to limit or remove that control.

(4)An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

22Duties of employers to monitor health and conditions etc.

(1)An employer must, so far as is reasonably practicable—

(a)monitor the health of employees of the employer; and

(b)monitor conditions at any workplace under the employer's management and control; and

(c)provide information to employees of the employer (in such other languages as appropriate) concerning health and safety at the workplace, including the names of persons to whom an employee may make an enquiry or complaint about health and safety.

Penalty:240 penalty units for a natural person;

1200 penalty units for a body corporate.

(2)An employer must, so far as is reasonably practicable—

(a)keep information and records relating to the health and safety of employees of the employer; and

(b)employ or engage persons who are suitably qualified in relation to occupational health and safety to provide advice to the employer concerning the health and safety of employees of the employer.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

23Duties of employers to other persons

(1)An employer must ensure, so far as is reasonably practicable, that persons other than employees of the employer are not exposed to risks to their health or safety arising from the conduct of the undertaking of the employer.

Penalty:1800 penalty units for a natural person;

9000 penalty units for a body corporate.

(2)An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

Division 3—Duties of self-employed persons

24Duties of self-employed persons to other persons

(1)A self-employed person must ensure, so far as is reasonably practicable, that persons are not exposed to risks to their health or safety arising from the conduct of the undertaking of the self‑employed person.

Penalty:1800 penalty units.

(2)An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

Division 4—Duties of employees

25Duties of employees

(1)While at work, an employee must—

(a)take reasonable care for his or her own health and safety; and

(b)take reasonable care for the health and safety of persons who may be affected by the employee's acts or omissions at a workplace; and

(c)co-operate with his or her employer with respect to any action taken by the employer to comply with a requirement imposed by or under this Act or the regulations.

Penalty:1800 penalty units.

(2)While at work, an employee must not intentionally or recklessly interfere with or misuse anything provided at the workplace in the interests of health, safety or welfare.

Penalty:1800 penalty units.

(3)In determining for the purposes of subsection (1)(a) or (b) whether an employee failed to take reasonable care, regard must be had to what the employee knew about the relevant circumstances.

(4)An offence against subsection (1) or (2) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

Division 5—Duties of other persons

26Duties of persons who manage or control workplaces

(1)A person who (whether as an owner or otherwise) has, to any extent, the management or control of a workplace must ensure so far as is reasonably practicable that the workplace and the means of entering and leaving it are safe and without risks to health.

Penalty:1800 penalty units for a natural person;

9000 penalty units for a body corporate.

(2)The duties of a person under subsection (1) apply only in relation to matters over which the person has management or control.

(3)An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

27Duties of designers of plant

(1)A person who designs plant who knows, or ought reasonably to know, that the plant is to be used at a workplace must—

(a)ensure, so far as is reasonably practicable, that it is designed to be safe and without risks to health if it is used for a purpose for which it was designed; and

(b)carry out, or arrange the carrying out, of such testing and examination as may be necessary for the performance of the duty imposed by paragraph (a); and

(c)give adequate information to each person to whom the designer gives the design and who is to give effect to it concerning—

(i)the purpose or purposes for which the plant was designed; and

(ii)the results of any testing or examination referred to in paragraph (b); and

(iii)any conditions necessary to ensure that the plant is safe and without risks to health if it is used for a purpose for which it was designed; and

(d)on request, give such information to a person who uses or is to use the plant.

Penalty:1800 penalty units for a natural person;

9000 penalty units for a body corporate.

(2)An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

28Duties of designers of buildings or structures

(1)A person who designs a building or structure or part of a building or structure who knows, or ought reasonably to know, that the building or structure or the part of the building or structure is to be used as a workplace must ensure, so far as is reasonably practicable, that it is designed to be safe and without risks to the health of persons using it as a workplace for a purpose for which it was designed.

Penalty:500 penalty units for a natural person;

2500 penalty units for a body corporate.

(2)An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

29Duties of manufacturers of plant or substances

(1)A person who manufactures plant or a substance who knows, or ought reasonably to know, that the plant or substance is to be used at a workplace must—

(a)ensure, so far as is reasonably practicable, that it is manufactured to be safe and without risks to health if it is used for a purpose for which it was manufactured; and

(b)carry out, or arrange the carrying out, of such testing and examination as may be necessary for the performance of the duty imposed by paragraph (a); and

(c)give adequate information to each person to whom the manufacturer provides the plant or substance concerning—

(i)the purpose or purposes for which the plant or substance was manufactured; and

(ii)the results of any testing or examination referred to in paragraph (b); and

(iii)any conditions necessary to ensure that the plant or substance is safe and without risks to health if it is used for a purpose for which it was manufactured; and

(d)on request, give such information to a person who uses or is to use the plant or substance.

Penalty:1800 penalty units for a natural person;

9000 penalty units for a body corporate.

(2)An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

30Duties of suppliers of plant or substances

(1)A person who supplies plant or a substance who knows, or ought reasonably to know, that the plant or substance is to be used at a workplace (whether by the person to whom it is supplied or anyone else) must—

(a)ensure, so far as is reasonably practicable, that it is safe and without risks to health if it is used for a purpose for which it was designed, manufactured or supplied; and

(b)give adequate information to each person to whom the supplier supplies the plant or substance concerning—

(i)the purpose or purposes for which the plant or substance was designed, manufactured or supplied; and

(ii)any conditions necessary to ensure that the plant or substance is safe and without risks to health if it is used for a purpose for which it was designed, manufactured or supplied; and

(c)on request, give such information to a person who uses or is to use the plant or substance.

Penalty:1800 penalty units for a natural person;

9000 penalty units for a body corporate.

(2)For the purposes of subsection (1), if the person who supplies the plant or substance—

(a)carries on the business of financing the acquisition of plant or a substance by customers; and

(b)has, in the course of that business, acquired an interest in the plant or substance solely for the purpose of financing its acquisition by a customer from a third person or its provision to a customer by a third person; and

(c)has not taken possession of the plant or substance or has taken possession of it solely for the purpose of passing possession to that customer—

the reference in subsection (1) to the person who supplies that plant or substance is instead taken to be a reference to the third person.

(3)An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

31Duties of persons installing, erecting or commissioning plant

(1)A person who installs, erects or commissions plant who knows, or ought reasonably to know, that the plant is to be used at a workplace must ensure, so far as is reasonably practicable, that nothing about the way in which the plant is installed, erected or commissioned makes its use unsafe or a risk to health.

Penalty:1800 penalty units for a natural person;

9000 penalty units for a body corporate.

(2)An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

32Duty not to recklessly endanger persons at workplaces

A person who, without lawful excuse, recklessly engages in conduct that places or may place another person who is at a workplace in danger of serious injury is guilty of an indictable offence and liable to—

(a)in the case of a natural person, a term of imprisonment not exceeding 5 years, or a fine not exceeding 1800 penalty units, or both; and

(b)in the case of a body corporate, a fine not exceeding 20 000 penalty units.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

Division 6—Other matters

33Single charge for multiple contraventions of certain duties

(1)This section applies to—

(a)a contravention of a provision of Division 2, 3, 4 or 5 by a person; and

(b)a contravention of such a provision for which an officer of a body corporate, partnership or unincorporated body or association (including a body corporate, partnership or unincorporated body or association representing the Crown) is liable.

Note

For liability of officers, see Divisions 4 and 5 of Part 11.

(2)Subject to any contrary court order, two or more contraventions may be charged as a single offence if they arise out of the same factual circumstances.

(3)This section does not authorise contraventions of two or more provisions of Division 2, 3, 4 or 5 to be charged as a single offence.

(4)If two or more contraventions are charged as a single offence, a single penalty only may be imposed in respect of the contraventions.

34Civil liability not affected by this Part

Nothing in this Part is to be construed as—

(a)conferring a right of action in civil proceedings in respect of a contravention of a provision of this Part; or

(b)conferring a defence to an action in civil proceedings or otherwise affecting a right of action in civil proceedings; or

(c)affecting the extent (if any) to which a right of action arises, or civil proceedings may be taken, with respect to breaches of duties or obligations imposed by the regulations.

PART 4—DUTY OF EMPLOYERS TO CONSULT

35Duty of employers to consult with employees

(1)When doing any of the following things, an employer must so far as is reasonably practicable consult in accordance with this section with the employees of the employer who are or are likely to be directly affected by the employer doing that thing—

(a)identifying or assessing hazards or risks to health or safety at a workplace under the employer's management and control or arising from the conduct of the undertaking of the employer;

(b)making decisions about the measures to be taken to control risks to health or safety at a workplace under the employer's management and control or arising from the conduct of the undertaking of the employer;

(c)making decisions about the adequacy of facilities for the welfare of employees of the employer;

(d)making decisions about the procedures for any of the following—

(i)resolving health or safety issues at a workplace under the employer's management and control or arising from the conduct of the undertaking of the employer;

(ii)consulting with employees of the employer in accordance with this section;

(iii)monitoring the health of employees of the employer and the conditions at any workplace under the employer's management and control;

(iv)providing information and training to employees of the employer;

(e)determining the membership of any health and safety committee;

(f)proposing changes, that may affect the health or safety of employees of the employer, to any of the following—

(i)a workplace under the employer's management and control;

(ii)the plant, substances or other things used at such a workplace;

(iii)the conduct of the work performed at such a workplace;

(g)any other thing prescribed by the regulations for the purposes of this subsection.

(2)For the purposes of subsection (1)—

(a)a reference to an employee of an employer includes a reference to an independent contractor engaged by the employer and any employees of the independent contractor; and

(b)the duties of an employer under that subsection extend to an independent contractor engaged by the employer, and any employees of the independent contractor, in relation to matters over which the employer has control or would have control if not for any agreement purporting to limit or remove that control.

(3)An employer who is required to consult with employees under subsection (1) must do so by—

(a)sharing with the employees information about the matter on which the employer is required to consult; and

(b)giving the employees a reasonable opportunity to express their views about the matter; and

(c)taking into account those views.

(4)If the employees are represented by a health and safety representative, the consultation must involve that representative (with or without the involvement of the employees directly).

(5)Subject to subsections (3) and (4), if the employer and the employees have agreed to procedures for undertaking consultations, the consultation must be undertaken in accordance with those procedures.

(6)An employer who contravenes this section is guilty of an offence.

Penalty:In the case of a natural person, 180 penalty units;

In the case of a body corporate, 900 penalty units.

35ADuty to consult with other employers in relation to duties relating to labour hire

(1)This section applies if—

(a)a person is taken to be an employer of a worker under section 5A; and

(b)as a result, the person has duties under this Act in relation to the worker; and

(c)one or more other persons have a duty in relation to the same worker, whether because the other person or persons are taken to be an employer of the worker under section 5A or because the worker is otherwise an employee of the other person or persons.

(2)Each person who has a duty in relation to the same worker must, so far as is reasonably practicable, consult, co‑operate and co‑ordinate activities with each other person who has a duty in relation to the same worker.

Penalty:180 penalty units for a natural person;

900 penalty units for a body corporate.

*                *                *                *                *

PART 5—DUTIES RELATING TO INCIDENTS

37Incidents to which this Part applies

(1)This Part applies to an incident that results in—

(a)the death of a person; or

(b)a person requiring medical treatment within 48 hours of exposure to a substance; or

(c)a person requiring immediate treatment as an in-patient in a hospital; or

(d)a person requiring immediate medical treatment for—

(i)the amputation of any part of his or her body; or

(ii)a serious head injury; or

(iii)a serious eye injury; or

(iv)the separation of his or her skin from an underlying tissue (such as de-gloving or scalping); or

(v)electric shock; or

(vi)a spinal injury; or

(vii)the loss of a bodily function; or

(viii)serious lacerations; or

(e)any other injury to a person or other consequence prescribed by the regulations.

(2)This Part also applies to an incident that exposes a person to a serious risk to the person's health or safety emanating from an immediate or imminent exposure to—

(a)an uncontrolled escape, spillage or leakage of any substance, including dangerous goods within the meaning of the Dangerous Goods Act 1985; or

(b)an implosion, explosion or fire; or

(c)electric shock; or

(d)the fall or release from a height of any plant, substance or thing; or

(e)the collapse, overturning, failure or malfunction of, or damage to, any plant (including plant in relation to a mine)—

(i)that is prescribed by the regulations; or

(ii)the design of which must be registered in accordance with the regulations; or

(f)the collapse or partial collapse of a building or structure; or

(g)the collapse or failure of an excavation or mine or of any shoring supporting an excavation or mine; or

(h)the inrush of water, mud or gas in workings in a mine, underground excavation or tunnel; or

(i)the interruption of the main system of ventilation in a mine, underground excavation or tunnel; or

(j)any other event or circumstance prescribed by the regulations.

(2A)Without limiting subsections (1) and (2), this Part also applies to an incident constituted by the illness of a person, being an illness prescribed by the regulations.

(3)Despite subsections (1), (2) and (2A), this Part does not apply to an incident of a kind excluded by the regulations.

(4)In this section—

medical treatment means treatment by a person registered under the Health Practitioner Regulation National Law to practise in the medical or nursing or midwifery profession (other than as a student);

mine means—

(a)a workplace at which work is being performed under a licence within the meaning of the Mineral Resources (Sustainable Development) Act 1990—

(i)including work that is exploration (within the meaning of that Act), in the form of underground work of any kind or drilling from the surface for coal-bed methane; and

(ii)excluding work that is exploration carried out above ground, other than drilling from the surface for coal-bed methane; or

(b)all parts of a tourist mine that are underground and all infrastructure and plant associated with the underground workings;

tourist mine means a mine, part of a mine, or any other location in which the principal activities conducted are those promoting interest in the practice and history of prospecting or mining.

38Duty to notify of incidents

(1)An employer or self-employed person must not, without reasonable excuse, fail to notify the Authority immediately after becoming aware that an incident has occurred at a workplace under the management and control of the employer or self‑employed person.

(2)However, an employer or self-employed person is not required to notify the Authority if the employer or self-employed person is the only person injured or otherwise harmed, or exposed to risk, as described in section 37 by the incident.

(3)Within 48 hours after being required to notify the Authority, the employer or self-employed person must also give the Authority a written record of the incident, in the form approved in writing by the Authority.

(4)The employer or self-employed person must keep a copy of the record for at least 5 years and make a copy of the record available for inspection by—

(a)an inspector; or

(b)a person, or a representative of a person, injured in the incident or whose health or safety was exposed to serious risk by the incident; or

(c)a representative of a person whose death was caused by the incident; or

(d)in the case only of an employer—

(i)if any of the employees of the employer are members of a designated work group, a health and safety representative for the designated work group; or

(ii)the members of each health and safety committee (if any) established by the employer.

(5)An employer or self-employed person who contravenes subsection (1), (3) or (4) is guilty of an offence and liable to a fine not exceeding—

(a)in the case of a natural person, 240 penalty units; or

(b)in the case of a body corporate, 1200 penalty units.

(6)An offence against subsection (5) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

39Duty to preserve incident sites

(1)An employer or self-employed person who is required to notify the Authority of an incident that has occurred at a workplace must not, without reasonable excuse, fail to ensure that the site where it occurred is not disturbed until—

(a)an inspector arrives at the site; or

(b)such other time as an inspector directs when the Authority is notified of the incident.

Penalty:240 penalty units for a natural person;

1200 penalty units for a body corporate.

(2)Despite subsection (1), a site may be disturbed for the purpose of—

(a)protecting the health or safety of a person; or

(b)aiding an injured person involved in an incident; or

(c)taking essential action to make the site safe or to prevent a further occurrence of an incident.

(3)An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

PART 5A—WORKPLACE MANSLAUGHTER

Division 1—Preliminary

39AObjects of Part 5A

The objects of this Part are—

(a)to prevent workplace deaths; and

(b)to deter persons who owe certain duties under Part 3 from breaching those duties; and

(c)to reflect the severity of conduct that places life at risk in the workplace.

39BDefinitions

In this Part—

applicable duty means a duty imposed by a provision of Part 3 other than—

(a)the duty imposed by section 25; or

(b)a duty imposed by section 32 on a person who is an employee, but not an officer, at the workplace in relation to which the duty is imposed;

conduct has the meaning given in section 39C;

constitute a breach of an applicable duty has the meaning given in section 39D;

negligent has the meaning given in section 39E;

owes an applicable duty to another person has the meaning given in section 39F.

39CWhat does conduct mean?

(1)For the purposes of this Part, conduct means—

(a)an act; or

(b)an omission to perform an act.

(2)An omission to perform an act on or after the commencement of this Part is conduct for the purposes of this Part regardless of whether an occasion for performing that act arose before that commencement.

39DWhen may conduct constitute a breach of an applicable duty?

Conduct may constitute a breach of an applicable duty for the purposes of this Part—

(a)whether or not any other conduct also contributed to the breach; and

(b)whether or not any proceeding has been commenced in respect of that breach.

39EWhen is conduct negligent?

(1)Conduct is negligent for the purposes of this Part if it involves—

(a)a great falling short of the standard of care that would have been taken by a reasonable person in the circumstances in which the conduct was engaged in; and

(b)a high risk of—

(i)death; or

(ii)serious injury; or

(iii)serious illness.

(2)In determining whether conduct engaged in by a body corporate is negligent for the purposes of this Part—

(a)what matters is the conduct engaged in by the body corporate itself; and

(b)it does not matter whether the conduct is, or is not, conduct imputed to the body corporate under section 143; and

(c)it does not matter whether any of the body corporate's officers were involved in all or any part of the conduct; and

(d)the standard to be applied under subsection (1)(a) is the standard of care that would have been taken by a reasonable body corporate in the circumstances in which the conduct was engaged in.

39FWhen does a person owe an applicable duty to another person?

(1)A person (A) owes an applicable duty to another person (B) for the purposes of this Part if—

(a)Part 3 imposes an applicable duty on A; and

(b)it is either explicit or implicit that B is a person to whom the duty is owed.

(2)It is explicit that B is a person to whom the duty is owed if—

(a)the provision that imposes the duty expressly specifies the class of person—

(i)to whom the duty is owed; or

(ii)for whose benefit A must perform the duty; and

(b)B belongs to that class.

(3)It is implicit that B is a person to whom the duty is owed if—

(a)the provision that imposes the duty does not expressly specify the class of person—

(i)to whom the duty is owed; or

(ii)for whose benefit A must perform the duty; and

(b)the purpose of that provision is to ensure the health and safety of persons of a particular class; and

(c)B belongs to that class.

Division 2—Offences

39GWorkplace manslaughter

(1)A person who is not a volunteer must not engage in conduct that—

(a)is negligent; and

(b)constitutes a breach of an applicable duty that the person owes to another person; and

(c)causes the death of that other person.

Penalty:Imprisonment for 25 years for a natural person;

100 000 penalty units for a body corporate.

(2)A person who is an officer of an applicable entity, and who is not a volunteer, must not engage in conduct that—

(a)is negligent; and

(b)constitutes a breach of an applicable duty that the entity owes to another person; and

(c)causes the death of that other person.

Penalty:Imprisonment for 25 years.

(3)An entity is an applicable entity for the purposes of subsection (2)—

(a) if it is—

(i)a body corporate; or

(ii)an unincorporated body or association; or

(iii)a partnership; and

(b) whether or not it represents the Crown.

(4)An offence against subsection (1) or (2) is an indictable offence.

Note

Unlike other indictable offences in this Act, these offences cannot be heard and determined summarily, as section 28 of the Criminal Procedure Act 2009 does not apply to them.

PART 6—LICENCES, REGISTRATION, PERMITS AND OTHER REQUIREMENTS

40Requirements for licence or registration

(1)An employer or self-employed person must not conduct an undertaking at a workplace if—

(a)the regulations require the workplace, or class of workplace, to be licensed or registered; and

(b)the workplace, or class of workplace, is not licensed or registered (as the case may be) in accordance with the regulations.

Penalty:500 penalty units for a natural person;

2500 penalty units for a body corporate.

(2)A person must not use plant at a workplace if—

(a)the regulations require the plant or its design to be licensed or registered; and

(b)the plant or its design (as the case may be) is not licensed or registered (as the case may be) in accordance with the regulations.

Penalty:100 penalty units for a natural person;

500 penalty units for a body corporate.

(3)A person must not use a substance at a workplace if—

(a)the regulations require the substance to be licensed or registered; and

(b)the substance is not licensed or registered (as the case may be) in accordance with the regulations.

Penalty:100 penalty units for a natural person;

500 penalty units for a body corporate.

(4)A person must not carry out work, or an activity, at a workplace if—

(a)the regulations require the work or activity, or class of work or activity, to be carried out by a person who is registered or licensed; and

(b)the person is not registered or licensed (as the case may be) in accordance with the regulations.

Penalty:100 penalty units for a natural person;

500 penalty units for a body corporate.

(5)An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

41Requirements for prescribed qualifications or experience

A person must not carry out work, or an activity, at a workplace if—

(a)the regulations require the work or activity, or class of work or activity, to be carried out by, or under the supervision of, a person who has prescribed qualifications or experience; and

(b)the person does not have the prescribed qualifications or experience or the work or activity is not carried out under the supervision of a person who has the prescribed qualifications or experience (as the case may be).

Penalty:100 penalty units for a natural person;

500 penalty units for a body corporate.

42Requirements for permit or certificate of competency

A person must not carry out work, or an activity, at a workplace if—

(a)the regulations require the work or activity, or class of work or activity, to be carried out by a person who holds a permit or certificate of competency for that work or activity, or class of work or activity; and

(b)the person does not hold a permit or certificate of competency (as the case may be) for that work or activity, or class of work or activity, in accordance with the regulations.

Penalty:100 penalty units for a natural person;

500 penalty units for a body corporate.

PART 7—REPRESENTATION OF EMPLOYEES

Division 1—Grouping of employees

43Establishment of designated work groups

(1)An employee may ask his or her employer to establish designated work groups of employees of the employer at one or more workplaces.

(2)The particulars of the designated work groups are to be determined by negotiation, in accordance with section 44, between the employer and employees.

(3)The employer must do everything reasonable to ensure that negotiations start within 14 days after the request.

Penalty:10 penalty units for a natural person;

50 penalty units for a body corporate.

(4)An employer may initiate negotiations with employees of the employer to establish designated work groups.

44Negotiation of agreement concerning designated work groups

(1)Negotiations concerning designated work groups under this Division must be directed only at the following—

(a)the manner of grouping, into one or more designated work groups, employees at one or more workplaces that—

(i)best and most conveniently enables the interests of those employees relating to occupational health and safety to be represented and safeguarded; and

(ii)best takes account of the need for a health and safety representative for the designated work group or groups to be accessible to each member of the group;

(b)the number (which must be at least one) of health and safety representatives for each designated work group;

(c)the number of deputy health and safety representatives (if any) for each designated work group;

(d)the term of office (not exceeding 3 years) of each health and safety representative and deputy health and safety representative (if any);

(e)whether the health and safety representative or representatives for the designated work group or groups are authorised also to represent independent contractors, or a class of independent contractors, engaged by the employer, and any employees of such independent contractors, who work at a workplace at which members of the designated work group or groups work.

(2)If the negotiations result in agreement on the particulars mentioned in subsection (1), the employer must establish the designated work group or groups (as agreed) by giving written notice to the employees.

Penalty:10 penalty units for a natural person;

50 penalty units for a body corporate.

(3)The parties to an agreement concerning a designated work group or groups may, at any time, negotiate a variation of the agreement.

(4)If a variation is agreed, the employer must vary the agreement by giving written notice to the employees.

Penalty:10 penalty units for a natural person;

50 penalty units for a body corporate.

(5)In negotiations concerning a designated work group or groups (including negotiations for a variation of an agreement), an employee or a group of employees may be represented by any person authorised by the employee or group (as the case may be).

(6)An agreement concerning a designated work group or groups must only deal with the particulars mentioned in subsection (1).

Note

Certain matters must be taken into account in negotiations for an agreement or a variation of an agreement (see section 46).

45Determination by inspector of unresolved particulars

(1)Any of the parties to a negotiation concerning a designated work group or groups (including a variation of an agreement) under this Division may, if agreement is not reached within a reasonable time, ask the Authority to arrange for an inspector to determine the particulars that are unresolved.

171Proceedings for offences against old Act

Division 1 of Part 11 applies to proceedings for an offence against the old Act that are commenced on or after the commencement of this Part.

172Continuation of certain regulations

(1)Despite section 5 of the Subordinate Legislation Act 1994, the regulations made under the old Act that are listed in the table, as in force immediately before the commencement of this Part, continue on and after that commencement as though they had been made under this Act until the earlier of—

(a)when they are revoked; or

(b)the second anniversary of that commencement.


Item
Title 		Statutory rule number
1. Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 108/1994
2. Occupational Health and Safety (Confined Spaces) Regulations 1996 148/1996
3. Occupational Health and Safety (Hazardous Substances) Regulations 1999 143/1999
4. Occupational Health and Safety (Issue Resolution) Regulations 1999 94/1999
5. Occupational Health and Safety (Lead) Regulations 2000 62/2000
6. Occupational Health and Safety (Manual Handling) Regulations 1999 84/1999
7. Occupational Health and Safety (Mines) Regulations 2002 104/2002
8. Occupational Health and Safety (Noise) Regulations 2004 10/2004
9. Occupational Health and Safety (Plant) Regulations 1995 81/1995
10. Occupational Health and Safety (Prevention of Falls) Regulations 2003 121/2003

(2)Section 5 of the Subordinate Legislation Act 1994 does not apply to the Occupational Health and Safety (Plant) Regulations 1995.

Note

This subsection commences on the day after the day on which this Act receives the Royal Assent (see section 3). These Regulations would otherwise have been revoked by section 5 of the Subordinate Legislation Act 1994 on 27 June 2005.

173Occupational Health and Safety (Asbestos) Regulations 2003

(1)Parts 1 and 2, Divisions 1 and 2 of Part 3 and Parts 4 to 8 of the Occupational Health and Safety (Asbestos) Regulations 2003 made under the old Act, and Schedules 1 to 4 to those Regulations, as in force immediately before the commencement of this Part, continue on and after that commencement as though they were regulations made under this Act until the earlier of—

(a)when they are revoked; or

(b)the second anniversary of that commencement.

(2)To avoid doubt, Part 1 and Division 3 of Part 3 of the Occupational Health and Safety (Asbestos) Regulations 2003 made under the Dangerous Goods Act 1985, as in force immediately before the commencement of this Part, continue on and after that commencement as regulations made under that Act until the earlier of—

(a)the day on which they are revoked by section 5 of the Subordinate Legislation Act 1994; or

(b)the day on which they are otherwise revoked.

174Occupational Health and Safety (Major Hazard Facilities) Regulations 2000

(1)Parts 1 to 8 of the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 made under the old Act, and Schedules 1 to 5 to those Regulations, as in force immediately before the commencement of this Part, continue on and after that commencement as though they were regulations made under this Act until the earlier of—

(a)when they are revoked; or

(b)the second anniversary of that commencement.

(2)To avoid doubt, Parts 1, 9 and 10 of the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 made under the Dangerous Goods Act 1985, as in force immediately before the commencement of this Part, continue on and after that commencement as regulations made under that Act until the earlier of—

(a)the day on which they are revoked by section 5 of the Subordinate Legislation Act 1994; or

(b)the day on which they are otherwise revoked.

175Offences against certain regulations

(1)An offence against any of the following regulations that is committed on or after the commencement of this Part is not an indictable offence despite anything to the contrary in those regulations—

(a)regulation 301, 304, 306 or 801 of the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000;

(b)regulation 9 of the Occupational Health and Safety (Manual Handling) Regulations 1999.

(2)Despite the repeal of the old Act, section 47 of that Act continues to apply for the purposes of the regulations made under the old Act that are mentioned in sections 172 to 174.

Note

Section 47 of the old Act provides penalties that apply to offences for which no penalty is expressly provided.

176Regulations dealing with transitional matters

The Governor in Council may make regulations in relation to any matters of a transitional nature that may arise out of the enactment of this Act, the repeal of the old Act or amendments made by this Act.

177Proceedings for contravention of section 78A or 78C

A proceeding for a contravention of section 78A or 78C must not be brought in respect of conduct that occurred before the commencement of section 6 of the Occupational Health and Safety Amendment (Employee Protection) Act 2009.

PART 15—TRANSITIONAL PROVISIONS

Division 1—WorkSafe Legislation Amendment Act 2017

178Definitions

In this Division—

amending Act means the WorkSafe Legislation Amendment Act 2017.

179Amendment of section 16 (Authority may accept undertakings)

This Act, as amended by section 10 of the amending Act, applies to all undertakings accepted by the Authority on or after the date on which section 10 of the amending Act comes into operation.

180Amendment of section 38 (Duty to notify incidents)

This Act, as amended by section 12 of the amending Act, applies to all offences against section 38 committed on or after the date on which section 12 of the amending Act comes into operation.

181Amendment of section 39 (Duty to preserve incident sites)

This Act, as amended by section 13 of the amending Act, applies to all offences against section 39 committed on or after the date on which section 13 of the amending Act comes into operation.

182Amendment of section 64 (Service of provisional improvement notice or inspector's notice)

This Act, as amended by section 14 of the amending Act, applies to all notices issued or given by the Authority under section 64 on or after the date on which section 14 of the amending Act comes into operation.

183Amendment of section 100 (Power to require production of documents etc.)

This Act, as amended by section 18 of the amending Act, applies to all offences against section 100 committed, or of which the Authority becomes aware, on or after the date on which section 18 of the amending Act comes into operation.

184Amendment of section 115 (Service of notices)

This Act, as amended by section 19 of the amending Act, applies to all notices issued by the Authority under section 115 on or after the date on which section 19 of the amending Act comes into operation.

185Amendment of section 132 (Limitation period for prosecutions)

This Act, as amended by section 22 of the amending Act, applies to all prosecutions commenced by the Authority on or after the date on which section 22 of the amending Act comes into operation.

186Amendment of section 153 (Offence to give false or misleading information)

This Act, as amended by section 25 of the amending Act, applies to all offences against section 153 committed on or after the date on which section 25 of the amending Act comes into operation.

Division 2—Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019

187Workplace manslaughter

(1)Part 5A as inserted by Part 2 of the amending Act applies to offences alleged to have been committed on or after that insertion.

(2)If an offence against section 39G(1) or (2) is alleged to have been committed between 2 dates, one before and one after the insertion of Part 5A, it is alleged to have been committed before that insertion.

(3)If an offence against section 144(1) arising in respect of a contravention of section 39G(1) is alleged to have been committed between 2 dates, one before and one after the insertion of Part 5A, it is alleged to have been committed before that insertion.

(4)In this section—

amending Act means the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019.

Division 3—Crimes Amendment (Manslaughter and Related Offences) Act 2020

188Amendment of section 39G (Workplace manslaughter)

(1)Section 39G as amended by section 21 of the Crimes Amendment (Manslaughter and Related Offences) Act 2020 applies to offences alleged to have been committed on or after the commencement of section 21 of that Act.

(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 21 of the Crimes Amendment (Manslaughter and Related Offences) Act 2020, the offence is alleged to have been committed before that commencement.

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 18 November 2004

Legislative Council: 14 December 2004

The long title for the Bill for this Act was "to promote and improve standards for occupational health, safety and welfare, to repeal the Occupational Health and Safety Act 1985 and for other purposes."

The Occupational Health and Safety Act 2004 was assented to on 21 December 2004 and came into operation as follows:

Part 2 Division 6 (section 19) and section 172(2) on 22 December 2004: s. 3(3); Parts 1 (sections 1–6), 2 (except Division 6), 3 (except section 28), 5 (sections 37–39), 6 (sections 40–42), 7 (sections 43–78),


8 (sections 79–94), 9 (sections 95–126), 10 (sections 127–129),


11 (sections 130–148), 12 (sections 149–151), 13 (sections 152–158), 14 (except s. 172(2)), 15 (sections 177–186) on 1 July 2005: s. 3(1);


Part 4 (sections 35, 36) on 1 January 2006: section 3(4); section 28 on 1 July 2006: section 3(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Occupational Health and Safety Act 2004 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Occupational Health and Safety Act 2004, No. 107/2004

Assent Date: 21.12.04
Commencement Date: S. 192 inserted on 21.10.20 by No. 27/2020 s. 15: s. 2 (as amended by Nos 11/2021 s. 207, 53/2021 s. 30, 11/2022 s. 10)
Note: S. 192 repealed Pt 16 (ss 189–192) on 26.10.22
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Accident Compensation (Amendment) Act 2005, No. 28/2005

Assent Date: 21.6.05
Commencement Date: Ss 28, 29 on 1.7.05: s. 2(5)
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005, No. 31/2005

Assent Date: 21.6.05
Commencement Date: S. 38 on 1.7.05: s. 2
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Health Professions Registration Act 2005, No. 97/2005

Assent Date: 7.12.05
Commencement Date: S. 182(Sch. 4 item 38) on 1.7.07: s. 2(3)
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date: 13.6.06
Commencement Date: S. 94(Sch. item 36) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date: 29.8.06
Commencement Date: S. 61(Sch. item 26) on 30.8.06: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Statute Law Revision Act 2007, No. 28/2007

Assent Date: 26.6.07
Commencement Date: S. 3(Sch. item 48) on 27.6.07: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Dangerous Goods Amendment (Transport) Act 2008, No. 66/2008

Assent Date: 18.11.08
Commencement Date: S. 32 on 1.1.09: Government Gazette 18.12.08 p. 2998
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Resources Industry Legislation Amendment Act 2009, No. 6/2009

Assent Date: 3.3.09
Commencement Date: S. 56 on 1.1.10: s. 2(2)
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Fair Work (Commonwealth Powers) Act 2009, No. 24/2009

Assent Date: 17.6.09
Commencement Date: Ss 34, 35 on 1.7.09: Special Gazette (No. 227) 1.7.09 p. 1
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Occupational Health and Safety Amendment (Employee Protection) Act 2009, No. 34/2009

Assent Date: 30.6.09
Commencement Date: 1.7.09: s. 2(2)
CurrentState: All of Act in operation

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date: 24.11.09
Commencement Date: S. 97(Sch. item 90) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date: 24.11.09
Commencement Date: S. 54(Sch. Pt 1 item 40) on 1.1.10: s. 2(2)
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010

Assent Date: 23.3.10
Commencement Date: S. 800(Sch. 6 item 10) on 1.1.12: s. 2(2)
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date: 30.3.10
Commencement Date: S. 51(Sch. item 39) on 1.7.10: s. 2(2)
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011

Assent Date: 22.11.11
Commencement Date: S. 107(Sch. item 10) on 16.1.12: Special Gazette
(No. 423) 21.12.11 p. 3
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013

Assent Date: 4.6.13
Commencement Date: S. 44 on 5.6.13: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date: 12.11.13
Commencement Date: S. 649(Sch. 9 item 25) on 1.7.14: s. 2(1)
Current State: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date: 3.6.14
Commencement Date: S. 10(Sch. item 117) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Statute Law Revision Act 2015, No. 21/2015

Assent Date: 16.6.15
Commencement Date: S. 3(Sch. 1 item 36) on 1.8.15: s. 2(1)
Current State: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Treasury and Finance Legislation Amendment Act 2016, No. 41/2016

Assent Date: 28.6.16
Commencement Date: Ss 5, 6 on 29.6.16: s. 2(1)
Current State: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

WorkSafe Legislation Amendment Act 2017, No. 48/2017

Assent Date: 26.9.17
Commencement Date: Ss 9, 20, 23, 24, 26 on 27.9.17: s. 2(1); ss 10–19, 21, 22, 25 on 26.10.17: Special Gazette (No. 359) 24.10.17 p. 1
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date: 27.2.18
Commencement Date: S. 68(Sch. 2 item 91) on 1.3.19: s. 2(2)
Current State: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Treasury and Finance Legislation Amendment Act 2018, No. 49/2018

Assent Date: 25.9.18
Commencement Date: Ss 19–22 on 26.9.18: s. 2
Current State: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019, No. 50/2019

Assent Date: 3.12.19
Commencement Date: Ss 3–8 on 1.7.20: s. 2(2)
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Local Government Act 2020, No. 9/2020

Assent Date: 24.3.20
Commencement Date: S. 390(Sch. 1 item 74) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Crimes Amendment (Manslaughter and Related Offences) Act 2020, No. 16/2020

Assent Date: 10.6.20
Commencement Date: Ss 21, 22 on 1.7.20: s. 2(2) 
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020

Assent Date: 20.10.20
Commencement Date: S. 15 on 21.10.20: s. 2
Current State: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date: 23.3.21
Commencement Date: S. 207 on 24.3.21: s. 2(1)
Current State: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Occupational Health and Safety and Other Legislation Amendment Act 2021, No. 36/2021

Assent Date: 21.9.21
Commencement Date: Ss 6, 7, 15−19, 29−32 on 22.9.21: s. 2(1); ss 4, 5 on 22.3.22: s. 2(2); s. 8 on 22.9.22: s. 2(3)
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, No. 53/2021

Assent Date: 7.12.21
Commencement Date: Ss 28−30 on 8.12.21: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Workplace Safety Legislation and Other Matters Amendment Act 2022, No. 10/2022

Assent Date: 16.3.22
Commencement Date: Ss 46–55 on 17.3.22: s. 2(2)
Current State: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Act 2022, No. 11/2022

Assent Date: 29.3.22
Commencement Date: S. 10 on 30.3.22: s. 2
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Act 2024, No. 8/2024

Assent Date: 13.3.24
Commencement Date: S. 31 on 31.3.24: s. 2(2)
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

Workplace Injury Rehabilitation and Compensation Amendment Act 2025, No. 27/2025

Assent Date: 5.8.25
Commencement Date: S. 56 on 6.8.25: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Occupational Health and Safety Act 2004

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

No entries at date of publication.

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