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Bill homepage (legislation.vic.gov.au)The main purposes of this Act are—
to create a legislative framework to give effect to the objects of this Act; and
to repeal the Occupational Health and Safety Act 1985; and
to provide for matters of a transitional nature and make consequential amendments.
The objects of this Act are—
to secure the health, safety and welfare of employees and other persons at work; and
to eliminate, at the source, risks to the health, safety or welfare of employees and other persons at work; and
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
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.
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.
Subject to this section, this Act comes into operation on 1 July 2005.
Section 28 comes into operation on 1 July 2006.
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.
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.
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.
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.
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.
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.
Employees are entitled, and should be encouraged, to be represented in relation to health and safety issues.
In this Act—
authorised representative of a registered employee organisation means a person who holds an entry permit issued under Part 8;
S. 5(1) def. of Authority amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(a)).
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;
S. 5(1) def. of contribution inserted by No. 28/2005 s. 28.
contribution means a contribution the amount of which is determined in accordance with section 151A(2);
S. 5(1) def of correspond-ing Authority amended by No. 66/2008 s. 32(1).
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;
S. 5(1) def. of exit date inserted by No. 28/2005 s. 28, amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(b)).
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;
S. 5(1) def. of indemnify inserted by No. 36/2021 s. 6.
indemnify means indemnify wholly or partly;
inspector means an inspector appointed under Part 9;
S. 5(1) def. of insure inserted by No. 36/2021 s. 6.
insure means insure wholly or partly;
S. 5(1) def. of interest at the prescribed rate inserted by No. 28/2005 s. 28.
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;
S. 5(1) def. of labour hire services inserted by No. 36/2021 s. 4(1).
labour hire services has the same meaning as it has in the Labour Hire Licensing Act 2018;
S. 5(1) def. of non-WorkCover employer inserted by No. 28/2005 s. 28, amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(c)).
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—
any machinery, equipment, appliance, implement and tool; and
any component of any of those things; and
anything fitted, connected or related to any of those things;
S. 5(1) def. of provider inserted by No. 36/2021 s. 4(1).
provider has the same meaning as it has in the Labour Hire Licensing Act 2018;
S. 5(1) def. of rateable remuneration inserted by No. 28/2005 s. 28, amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(d)).
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;
S. 5(1) def. of self-insurer inserted by No. 28/2005 s. 28, amended by No. 67/2013 s. 649(Sch. 9 item 25(1)(e)).
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;
Tribunal means 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);
S. 5(1) def. of WorkCover Authority Fund inserted by No. 10/2022 s. 46.
WorkCover Authority Fund has the same meaning as it has in the Workplace Injury Rehabilitation and Compensation Act 2013;
S. 5(1) def. of worker inserted by No. 36/2021 s. 4(1).
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.
For the purposes of this Act and the regulations—
S. 5(2)(a) substituted by No. 37/2014 s. 10(Sch. item 117(a)).
the following persons are taken to be employed by the Crown under a contract of service—
a police officer within the meaning of the Victoria Police Act 2013;
a police reservist within the meaning of the Victoria Police Act 2013;
a protective services officer within the meaning of the Victoria Police Act 2013; and
S. 5(2)(b) amended by No. 37/2014 s. 10(Sch. item 117(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).
S. 5A inserted by No. 36/2021 s. 4(2).
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.
Despite subsection (1), a person is not taken to be an employer of a worker if—
the person is included in a class of person prescribed by the regulations; or
the person provides services prescribed by the regulations.
Despite subsection (1), a worker is not taken to be an employee of an employer if—
the worker is included in a class of individual prescribed by the regulations; or
the worker provides services prescribed by the regulations.
S. 6(1) amended by No. 48/2017 s. 9.
This Act and the regulations bind the Crown—
in right of the State of Victoria; and
to the extent that the legislative power of the Parliament permits, in all its other capacities.
To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations.
The Authority has the following functions—
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);
to make recommendations to the Minister with respect to—
the operation and administration of this Act and the regulations; and
regulations or compliance codes that the Minister or the Authority proposes should be made or approved under this Act; and
the establishment of public inquiries (if appropriate) into any matter relating to occupational health, safety and welfare;
to monitor and enforce compliance with this Act and the regulations;
to administer, examine, review and make recommendations concerning existing or proposed registration or licensing schemes relating to occupational health, safety and welfare;
to co‑operate with, and give advice and information to the following persons in relation to occupational health, safety and welfare—
corresponding Authorities;
registered employee organisations (within the meaning of Part 8) and other organisations representing employers or employees;
other interested persons;
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;
to promote education and training by—
devising, in co-operation with educational and other bodies, courses in occupational health, safety and welfare; and
approving courses in occupational health, safety and welfare (whether or not devised in co-operation with another body); and
facilitating access to those courses; and
initiating or promoting events such as conferences and forums, and the publication of information, relating to occupational health, safety and welfare;
to foster a co-operative, consultative relationship between employers and their employees in relation to the health, safety and welfare of those employees;
to engage in, promote and co‑ordinate the sharing of information to achieve the objects of this Act;
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;
to develop and implement programs to provide incentives for employers—
to implement measures to eliminate or reduce risks to health or safety; and
to otherwise improve occupational health, safety and welfare;
to monitor the operation of measures taken and arrangements put in place to ensure occupational health, safety and welfare;
to initiate and encourage research to identify efficient and effective strategies for improving occupational health, safety and welfare;
to collect and publish statistics relating to occupational health, safety and welfare.
Note to s. 7(1) amended by No. 67/2013 s. 649(Sch. 9 item 25(2)).
Note
The Workplace Injury Rehabilitation and Compensation Act 2013 also confers functions on the Authority relating to occupational health, safety and welfare.
The Authority also has such other functions as are conferred on it by or under this Act.
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.
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.
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.
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.
Without limiting subsection (1), the Authority has all the functions and powers that an inspector has under this Act or the regulations.
Without limiting subsection (1), the Authority has the following powers—
the power to enter into agreements or contracts with a corresponding Authority for or with respect to the following—
the Authority performing the functions or exercising the powers of the corresponding Authority as its agent;
the Authority performing works or providing services for the corresponding Authority;
the Authority giving information to the corresponding Authority;
the Authority providing the corresponding Authority with the use of its facilities or the services of its staff;
the corresponding Authority doing any of the things in subparagraphs (i) to (iv) for or in respect of the Authority;
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.
Pt 2 Div. 1A (Heading and s. 8AA) inserted by No. 8/2024 s. 31.
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—
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
is directly related to a function or power conferred on the Authority under that Act.
This section does not affect the operation of—
the Health Records Act 2001; or
the Privacy and Data Protection Act 2014; or
the Victorian Data Sharing Act 2017.
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—
give the Authority such information as the Authority requires; or
produce a document in the custody or control of the person.
A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).
300 penalty units for a body corporate.
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.
This section applies to a person who is or has been—
a member of the Authority's Board of Management; or
appointed for the purposes of this Act; or
engaged as a member of the Authority's staff; or
authorised to perform a function or exercise a power of, or on behalf of, the Authority.
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—
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
make use of any such information for any purpose other than—
the performance of official duties; or
the performance of a function or exercise of a power of, or on behalf of, the Authority.
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