Whole Act
28 provisions in continuous reading order
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The purposes of this Act are—
S. 1(a) repealed by No. 35/2025 s. 4(1).
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S. 1(b) amended by No. 35/2025 s. 4(2).
to establish the Workforce Inspectorate Victoria; and
S. 1(c) amended by No. 35/2025 s. 4(3).
to provide for the functions and powers of the Workforce Inspectorate Victoria; and
to make consequential amendments of other Acts.
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
If a provision of this Act does not come into operation before 1 July 2021, it comes into operation on that day.
In this Act—
S. 3(1) def. of associate repealed by No. 35/2025 s. 5(1)(a).
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S. 3(1) def. of board of directors repealed by No. 35/2025 s. 5(1)(b).
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S. 3(1) def. of Commis-sioner amended by No. 35/2025 s. 5(3).
Commissioner means the Commissioner of the Workforce Inspectorate Victoria appointed under section 25(2);
S. 3(1) def. of corporate culture repealed by No. 35/2025 s. 5(1)(c).
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S. 3(1) def. of employee repealed by No. 35/2025 s. 5(1)(d).
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S. 3(1) def. of employee entitlement repealed by No. 35/2025 s. 5(1)(e).
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S. 3(1) def. of employee entitlement offence repealed by No. 35/2025 s. 5(1)(f).
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S. 3(1) def. of employee entitlement record repealed by No. 35/2025 s. 5(1)(g).
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S. 3(1) def. of employer repealed by No. 35/2025 s. 5(1)(h).
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S. 3(1) def. of inspector repealed by No. 35/2025 s. 5(1)(i).
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S. 3(1) def. of Integrity Oversight Victoria inserted by No. 31/2024 s. 113(Sch. 1 item 42.1(a)), repealed by No. 35/2025 s. 5(1)(j).
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S. 3(1) def. of Office of Public Prosecutions repealed by No. 35/2025 s. 5(1)(k).
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S. 3(1) def. of officer repealed by No. 35/2025 s. 5(1)(l).
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S. 3(1) def. of privilege repealed by No. 35/2025 s. 5(1)(m).
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S. 3(1) def. of public construction inserted by No. 35/2025 s. 35.
public construction means—
public construction within the meaning of the Project Development and Construction Management Act 1994; and
any other construction or class of construction prescribed as public construction for the purposes of this Act;
S. 3(1) def. of registered office repealed by No. 35/2025 s. 5(1)(n).
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S. 3(1) def. of undertaking repealed by No. 35/2025 s. 5(1)(o).
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S. 3(1) def. of Victorian Inspectorate repealed by No. 31/2024 s. 113(Sch. 1 item 42.1(b)).
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S. 3(1) def. of Wage Inspectorate Victoria repealed by No. 35/2025 s. 5(1)(p).
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S. 3(1) def. of withhold repealed by No. 35/2025 s. 5(1)(q).
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S. 3(1) def. of worker inserted by No. 35/2025 s. 5(2).
worker means a person who is or was—
employed on a paid or voluntary basis to work at, or in relation to, a workplace; or
engaged as an independent contractor to work at, or in relation to, a workplace;
S. 3(1) def. of Workforce Inspectorate Victoria inserted by No. 35/2025 s. 5(2).
Workforce Inspectorate Victoria means the Workforce Inspectorate Victoria established under section 19;
workplace includes residential premises where work is carried out, but does not include a part of any premises that is the domestic home of a person.
S. 3(2)(3) repealed by No. 35/2025 s. 5(4).
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This Act binds 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.
S. 5 repealed by No. 35/2025 s. 6.
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Pt 2 (Heading and ss 6–18) repealed by No. 35/2025 s. 7.
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Pt 3 (Heading) amended by No. 35/2025 s. 8.
Part 3—Workforce Inspectorate Victoria and Commissioner
Pt 3 Div. 1 (Heading) amended by No. 35/2025 s. 9.
Division 1—The Workforce Inspectorate Victoria
S. 19 (Heading) amended by No. 35/2025 s. 10(1).
S. 19(1) amended by No. 35/2025 s. 10(2).
The Workforce Inspectorate Victoria is established.
S. 19(2) amended by No. 35/2025 s. 10(2).
The Workforce Inspectorate Victoria—
is a body corporate with perpetual succession; and
must have an official seal; and
may sue and be sued in its corporate name; and
may acquire, hold and dispose of real and personal property for the purpose of performing its functions; and
may do and suffer all acts and things that bodies corporate may by law do and suffer and that are necessary or incidental for the performance of its functions.
S. 20 (Heading) amended by No. 35/2025 s. 11(1).
S. 20(1) amended by No. 35/2025 s. 11(2).
The Workforce Inspectorate Victoria has the following functions—
to inform, educate and assist people in relation to their rights and obligations under this Act;
to promote, monitor and enforce compliance with this Act and the regulations;
S. 20(1)(c)–(e) repealed by No. 35/2025 s. 11(3).
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to develop and publish guidelines in relation to this Act;
to perform functions necessary for the administration of this Act;
S. 20(1)(h) amended by No. 35/2025 s. 11(4).
to provide advice and report to the Minister on the guidelines or any other matter referred to the Workforce Inspectorate Victoria by the Minister;
S. 20(1)(ha) inserted by No. 35/2025 s. 11(5).
to provide information, education and advice to workers, in relation to prescribed workplace entitlements matters;
to engage in, promote and coordinate the sharing of information with other government agencies and bodies, including agencies and bodies of the government of the Commonwealth or another State or a Territory, for the purposes of this Act;
S. 20(1)(ia) inserted by No. 35/2025 s. 36.
to receive complaints or matters, and related information, regarding public construction from any person;
S. 20(1)(ib) inserted by No. 35/2025 s. 36.
to refer complaints or matters, and disclose related information, regarding public construction to other government agencies and bodies, including agencies and bodies of the Commonwealth or another State or Territory;
S. 20(1)(ic) inserted by No. 35/2025 s. 36.
to receive notifications and information from other government agencies and bodies regarding any complaints or matters the Workforce Inspectorate Victoria has referred to those government agencies and bodies;
S. 20(1)(id) inserted by No. 35/2025 s. 36.
to provide advice and report to the Minister, as appropriate, on any complaints, matters, notifications or information the Workforce Inspectorate Victoria receives or refers;
to disseminate information about the duties, rights and obligations of persons under this Act and the regulations;
to refer matters, as appropriate, to other bodies;
S. 20(1)(l) amended by No. 35/2025 s. 11(6).
any other function conferred on the Workforce Inspectorate Victoria by this or any other Act.
S. 20(2) amended by No. 35/2025 s. 11(6).
The Workforce Inspectorate Victoria has all the powers that are necessary or convenient to perform its functions under this or any other Act.
S. 21 (Heading) amended by No. 35/2025 s. 12(1).
S. 21(1) amended by No. 35/2025 s. 12(2).
The Workforce Inspectorate Victoria has power to do all things that are necessary or convenient to be done for or in connection with the performance of its duties and functions.
S. 21(2) repealed by No. 35/2025 s. 12(3).
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S. 22 (Heading) amended by No. 35/2025 s. 13(1).
S. 22(1) amended by No. 35/2025 s. 13(2).
The Workforce Inspectorate Victoria, in carrying out a function or power under this or any other Act, must—
act in a fair, impartial and independent manner; and
act in a manner that is transparent, accountable and consistent; and
act in a consultative and collaborative manner to the extent that is consistent with the carrying out of a function or power.
S. 23 (Heading) amended by No. 35/2025 s. 14(1).
S. 23(1) amended by No. 35/2025 s. 14(2).
There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary for the administration of this Act or to enable the Workforce Inspectorate Victoria to perform its functions and exercise its powers.
S. 23(2) amended by No. 35/2025 s. 14(2).
The Workforce Inspectorate Victoria may engage consultants, contractors or agents for or in connection with the performance of the Workforce Inspectorate Victoria's functions.
S. 23(3) amended by No. 35/2025 s. 14(2)(3).
The Workforce Inspectorate Victoria may enter into an agreement or arrangement for the use of the services of any person with suitable qualifications or experience to assist the Workforce Inspectorate Victoria in the performance of the Workforce Inspectorate Victoria's functions and powers under this or any other Act.
S. 23(4) amended by No. 35/2025 s. 14(2).
An agreement or arrangement under subsection (3) may be on any terms and conditions that the Workforce Inspectorate Victoria is satisfied are appropriate.
S. 24(1) amended by No. 35/2025 s. 15(2).
The Minister may give general written directions to the Workforce Inspectorate Victoria about the performance of the functions of the Workforce Inspectorate Victoria, except in relation to the following—
S. 24(1)(a) substituted by No. 35/2025 s. 15(1).
the function under section 20(1)(ib);
the employment or engagement (however described) of employees, consultants or other persons under section 23(1), (2) or (3).
S. 24(2) amended by No. 35/2025 s. 15(2).
The Minister, in writing, may direct the Workforce Inspectorate Victoria to give the Minister reports on specified matters relating to the Workforce Inspectorate Victoria's functions.
S. 24(3) amended by No. 35/2025 s. 15(2).
The Workforce Inspectorate Victoria must comply with a direction given under subsection (2) within a reasonable time.
Pt 3 Div. 2 (Heading) amended by No. 35/2025 s. 16.
S. 25(1) amended by No. 35/2025 s. 17.
There is to be a Commissioner of the Workforce Inspectorate Victoria.
The Governor in Council, on the recommendation of the Minister, may by instrument appoint a person to be the Commissioner.
The Commissioner—
holds office for a term, not exceeding 5 years, that is specified in the instrument of appointment; and
is eligible for reappointment; and
may be appointed on a full-time or part-time basis; and
holds office on the terms and conditions that are specified in the instrument of appointment.
The Commissioner is entitled to be paid the remuneration and allowances that are fixed from time to time by the Governor in Council.