OHS Act 2004

Authorised Version No.
044
Occupational Health and Safety Act 2004
No. 107 of 2004
Authorised Version incorporating amendments as at
31 March 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Objects 1
3 Commencement 2
4 The principles of health and safety protection 2
5 Definitions 3
5A Extended definition of employer and employee—labour hire 8
6 Act binds the Crown 9
Part 2—The Authority 10
Division 1—General functions and powers 10
7 Functions of the Authority 10
8 Powers of the Authority 13
Division 1A—Use of information 14
8AA Use of information 14
Division 2—Power to obtain information 14
9 Power to obtain information 14
10 Restrictions on disclosure of information 15
11 Circumstances in which information may be disclosed 16
Division 3—Power to make guidelines 18
12 Power to make guidelines 18
13 How guidelines are made 18
14 Withdrawal of guidelines 19
15 Guidelines do not affect rights and duties etc. 19
Division 4—Power to accept undertakings relating to
contraventions 20
16 Authority may accept undertakings 20
17 Enforcement of undertakings 20
Authorised by the Chief Parliamentary Counsel

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Section Page
Division 5—Power to give advice on compliance 21

18 Power to give advice on compliance 21
Division 6—Occupational Health and Safety Advisory Committee 22
19 Occupational Health and Safety Advisory Committee 22
Part 3—General duties relating to health and safety 24
Division 1—The concept of ensuring health and safety 24
20 The concept of ensuring health and safety 24
Division 2—Main duties of employers 25
21 Duties of employers to employees 25
22 Duties of employers to monitor health and conditions etc. 26
23 Duties of employers to other persons 27
Division 3—Duties of self-employed persons 28
24 Duties of self-employed persons to other persons 28
Division 4—Duties of employees 28
25 Duties of employees 28
Division 5—Duties of other persons 29
26 Duties of persons who manage or control workplaces 29
27 Duties of designers of plant 30
28 Duties of designers of buildings or structures 31
29 Duties of manufacturers of plant or substances 32
30 Duties of suppliers of plant or substances 33
31 Duties of persons installing, erecting or commissioning plant 34
32 Duty not to recklessly endanger persons at workplaces 35
Division 6—Other matters 35
33 Single charge for multiple contraventions of certain duties 35
34 Civil liability not affected by this Part 36
Part 4—Duty of employers to consult 37
35 Duty of employers to consult with employees 37
35A Duty to consult with other employers in relation to duties
relating to labour hire 39
Part 5—Duties relating to incidents 41
37 Incidents to which this Part applies 41
38 Duty to notify of incidents 44
39 Duty to preserve incident sites 45

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Section Page
Part 5A—Workplace manslaughter 47

Division 1—Preliminary 47
39A Objects of Part 5A 47
39B Definitions 47
39C What does conduct mean? 48
39D When may conduct constitute a breach of an applicable duty? 48
39E When is conduct negligent? 48
39F When does a person owe an applicable duty to another
person? 49
Division 2—Offences 50
39G Workplace manslaughter 50
Part 6—Licences, registration, permits and other requirements 52
40 Requirements for licence or registration 52
41 Requirements for prescribed qualifications or experience 53
42 Requirements for permit or certificate of competency 54
Part 7—Representation of employees 55
Division 1—Grouping of employees 55
43 Establishment of designated work groups 55
44 Negotiation of agreement concerning designated work
groups 55
45 Determination by inspector of unresolved particulars 57
46 Matters to be taken into account 58
Division 2—Grouping of employees of multiple employers 58
47 Establishment of designated work groups of multiple
employers 58
48 Negotiation of agreement for designated work groups of
multiple employers 59
49 Matters to be taken into account 61
50 Guidelines for negotiations involving multiple employers 62
51 Withdrawal from negotiations or agreement involving
multiple employers 62
52 Effect of Division on other arrangements 62
Division 3—Prohibition on coercion relating to designated work
groups 63
53 Prohibition on coercion 63
Division 4—Health and safety representatives 63
54 Election of health and safety representatives 63
55 Term of office 65
56 Disqualification of health and safety representatives 66

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Section Page
57 Deputy health and safety representatives 67

Division 5—Powers of health and safety representatives 68
58 Powers of health and safety representatives 68
59 Powers generally limited to the particular designated work
group 70
60 Provisional improvement notices 70
61 Provisional improvement notices may include directions 72
62 Offence to contravene a provisional improvement notice 72
63 Attendance of inspector at workplace after issue of
provisional improvement notice 73
64 Issue etc. of provisional improvement notice or inspector's
notice 74
65 Formal irregularities or defects in provisional improvement
notices 76
66 Proceedings for offences not affected by notices 76
Division 6—Obligations of employers to health and safety
representatives 77
67 Obligation to train health and safety representatives 77
68 Obligation to share costs if multiple employers 79
69 Other obligations of employers to health and safety
representatives 79
70 Obligation to persons assisting health and safety
representatives 81
71 Obligation to keep list of health and safety representatives 82
Division 7—Health and safety committees 82
72 Health and safety committees 82
Division 8—Resolution of health and safety issues 83
73 Resolution of health and safety issues 83
74 Direction to cease work 84
75 Inspector may be required to attend workplace 85
Division 9—Discrimination against employees or prospective
employees 86
Subdivision 1—Criminal offences and proceedings 86
76 Prohibition on discrimination 86
77 Accused bears onus of proof 88
78 Order for damages or reinstatement 88
Subdivision 2—Civil actions for discriminatory conduct 89
78A Prohibition of discriminatory conduct 89
78B Prohibited reasons 89
78C Prohibition of authorising or assisting discriminatory conduct 90

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Section Page
78D Civil action for discriminatory conduct 90

78E Procedure for actions for discriminatory conduct 92
Part 8—Authorised representatives of registered employee
organisations 94
Division 1—Definitions 94
79 Definitions relating to registered employee organisations 94
Division 2—Entry permits 95
80 Limit on number of entry permits held by authorised
representatives 95
81 Who may hold an entry permit 95
82 Courses of training for authorised representatives 95
83 Issue of entry permits 96
84 Expiry of entry permits 97
85 Revocation and disqualification 97
86 Return of expired or revoked entry permits 98
Division 3—Entry by authorised representatives 99
87 Entry powers of authorised representatives 99
88 Announcement on entry 100
89 Powers on entry 101
90 Limitations on exercise of powers 102
Division 4—Offences relating to authorised representatives 103
91 Offences by authorised representatives 103
92 Loss or damage caused by authorised representative 104
93 Offence to obstruct etc. authorised representative 104
94 Offence to impersonate authorised representative 104
Part 9—Inspectors and enforcement 105
Division 1—Appointment of inspectors 105
95 Appointment of inspectors 105
96 Identity cards 106
Division 2—Performance of functions or exercise of powers 106
97 Inspectors subject to Authority's directions 106
Division 3—Powers relating to entry 106
98 Power to enter 106
99 General powers on entry 107
100 Power to require production of documents and answers to
questions 108
101 Power to take samples 109

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Section Page
Division 4—Procedure relating to entry 110

102 Announcement on entry 110
103 Report to be given about entry 111
Division 5—Search warrants 112
104 Issue of search warrants 112
105 Announcement before entry on warrant 113
106 Copy of warrant to be given to occupier 114
Division 6—Limitation on entry powers 114
107 Places used for residential purposes 114
Division 7—Return and forfeiture of seized things 115
108 Return of seized things 115
109 Forfeiture of seized things 116
Division 8—Powers to issue notices 117
110 Power to issue non-disturbance notice 117
111 Power to issue improvement notice 118
112 Power to issue prohibition notice 120
113 Directions or conditions in notices 122
114 Variation or cancellation of notices 123
115 Issue of notices 123
116 Formal irregularities or defects in notices 125
117 Proceedings for offences not affected by notices 125
118 Injunctions for non-compliance with notices 126
Division 9—Other powers 126
119 Power to require name and address 126
120 Power to give directions 127
Division 10—Other matters 128
121 Persons who must assist inspector 128
122 Other assistance in exercising powers 128
123 Inspector may take affidavits 129
124 Inspector may copy documents 129
Division 11—Offences 129
125 Offences in relation to inspections 129
126 Offence to impersonate inspector 130
Part 9A—Workplace Incidents Consultative Committee 131
126A Establishment of Workplace Incidents Consultative
Committee 131
126B Annual report 132

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Section Page
Part 10—Review of decisions 133

127 Which decisions are reviewable 133
128 Internal review 138
128A Requests for further information 139
129 Review by the Tribunal 140
Part 11—Legal proceedings 141
Division 1—General matters 141
130 Proceedings may be brought by the Authority or inspectors 141
131 Procedure if prosecution is not brought 141
132 Limitation period for prosecutions 144
133 Judicial notice of Minister's signature etc. 145
134 Evidence of certain matters 146
Division 2—Sentencing for offences 146
135 Adverse publicity orders 146
136 Orders to undertake improvement projects 148
137 Release on the giving of a health and safety undertaking 149
138 Variation or contravention of orders under section 137 151
Division 3—Infringement notices 151
139 Infringement notices 151
Division 4—Offences by bodies corporate 153
143 Imputing conduct to bodies corporate 153
144 Liability of officers of bodies corporate 153
Division 5—Offences by partnerships and unincorporated bodies
or associations 154
145 Liability of officers of partnerships and unincorporated
bodies or associations 154
Division 6—Proceedings against the Crown 156
146 Responsible agency for the Crown 156
147 Infringement and other notices may be issued to the Crown 157
148 Proceedings against successors to public bodies 157
Part 11A—Insurance and indemnity for pecuniary penalties
prohibited 159
148A Certain insurance and indemnity arrangements void 159
148B Prohibition on insurance and indemnity for pecuniary
penalties 159
Part 12—Compliance codes 161
149 Compliance codes 161

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Section Page
150 Effect of compliance codes 162

151 Disallowance of certain compliance code orders 162
Part 13—Other matters 163
151A Contributions by non-WorkCover employers to the
WorkCover Authority Fund 163
151B Provision of return by non-WorkCover employers 167
151C Authority may require non-WorkCover employer to provide
further information 167
151D Authority may require information from non-WorkCover
employers 168
151E Authority may require non-WorkCover employer to facilitate
the provision of information 169
151F Application of sections 151A to 151E 169
152 Effect of compliance with regulations or compliance codes 170
153 Offence to give false or misleading information 170
154 Protection against self-incrimination 171
155 Legal professional privilege and client legal privilege not
affected 171
156 Delegation by the Minister 172
157 Responsibility for activities carried out under the Offshore
Petroleum and Greenhouse Gas Storage Act 172
158 Regulations 173
Part 14—Repeal of old Act and transitional provisions 177
Division 1—Repeal of Occupational Health and Safety Act 1985 177
159 Repeal 177
Division 2—Transitional provisions 177
160 Definition of old Act 177
161 No effect on Interpretation of Legislation Act 1984 177
162 Limitation on duties of designers of buildings or structures 177
163 Continuation of designated work groups 177
164 Continuation of health and safety representatives 178
165 Continuation of health and safety committees 178
166 Continuation of inspectors 179
167 Inspectors' powers relating to offences committed before
commencement 179
168 Use of codes of practice in proceedings 179
169 Treatment of improvement notices, prohibition notices and
certain directions 180
170 Things done under the old Act 180
171 Proceedings for offences against old Act 181
172 Continuation of certain regulations 181
173 Occupational Health and Safety (Asbestos) Regulations 2003 182

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Section Page
174 Occupational Health and Safety (Major Hazard Facilities)

Regulations 2000 183
175 Offences against certain regulations 184
176 Regulations dealing with transitional matters 184
177 Proceedings for contravention of section 78A or 78C 184
Part 15—Transitional provisions 185
Division 1—WorkSafe Legislation Amendment Act 2017 185
178 Definitions 185
179 Amendment of section 16 (Authority may accept
undertakings) 185
180 Amendment of section 38 (Duty to notify incidents) 185
181 Amendment of section 39 (Duty to preserve incident sites) 186
182 Amendment of section 64 (Service of provisional
improvement notice or inspector's notice) 186
183 Amendment of section 100 (Power to require production of
documents etc.) 186
184 Amendment of section 115 (Service of notices) 186
185 Amendment of section 132 (Limitation period for
prosecutions) 186
186 Amendment of section 153 (Offence to give false or
misleading information) 187
Division 2—Workplace Safety Legislation Amendment
(Workplace Manslaughter and Other Matters) Act 2019 187
187 Workplace manslaughter 187
Division 3—Crimes Amendment (Manslaughter and Related
Offences) Act 2020 188
188 Amendment of section 39G (Workplace manslaughter) 188
═══════════════
Endnotes 190
1 General information 190
2 Table of Amendments 192
3 Explanatory details 198

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Section Page

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Authorised Version No. 044
No. 107 of 2004
Authorised Version incorporating amendments as at

31 March 2024
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1 Purposes
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.
2 Objects
(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

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No. 107 of 2004
(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.
3 Commencement
(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.
4 The 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.

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No. 107 of 2004
(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.
5 Definitions
(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 S. 5(1) def. of
Authority
Authority under the Workplace Injury amended by
Rehabilitation and Compensation Act No. 67/2013
s. 649(Sch. 9
2013; item 25(1)(a)).
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 S. 5(1) def. of
contribution
which is determined in accordance with inserted by
section 151A(2); No. 28/2005
s. 28.
corresponding Authority means a Government S. 5(1) def of

correspond-
department or a statutory authority of the ing Authority
Commonwealth Government, or of the amended by
No. 66/2008
Government of another State or of a s. 32(1).

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No. 107 of 2004
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 has the same meaning as it has in
exit date
inserted by section 413 of the Workplace Injury
No. 28/2005 Rehabilitation and Compensation
s. 28,
amended by Act 2013;
No. 67/2013
s. 649(Sch. 9
item 25(1)(b)).
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;

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No. 107 of 2004
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; S. 5(1) def. of
indemnify
inserted by
No. 36/2021
s. 6.
inspector means an inspector appointed under

Part 9;
insure means insure wholly or partly; S. 5(1) def. of
insure
inserted by
No. 36/2021
s. 6.
interest at the prescribed rate means interest at S. 5(1) def. of

interest at the
the rate fixed for the time being under prescribed
section 2 of the Penalty Interest Rates rate
inserted by
Act 1983; No. 28/2005
s. 28.
labour hire services has the same meaning as it S. 5(1) def. of

labour hire
has in the Labour Hire Licensing Act 2018; services
inserted by
No. 36/2021
s. 4(1).
non-WorkCover employer has the same meaning S. 5(1) def. of

non-
as it has in section 413 of the Workplace WorkCover
Injury Rehabilitation and Compensation employer
inserted by
Act 2013; No. 28/2005
s. 28,
amended by
No. 67/2013
s. 649(Sch. 9
item 25(1)(c)).
Occupational Health and Safety Advisory

Committee means the Committee established
under Division 6 of Part 2;

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No. 107 of 2004
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;
S. 5(1) def. of provider has the same meaning as it has in the
provider
inserted by Labour Hire Licensing Act 2018;
No. 36/2021
s. 4(1).
S. 5(1) def. of rateable remuneration has the same meaning as it

rateable
remuneration has in section 3 of the Workplace Injury
inserted by Rehabilitation and Compensation Act
No. 28/2005
s. 28, 2013;
amended by
No. 67/2013
s. 649(Sch. 9
item 25(1)(d)).
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;

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No. 107 of 2004
self-insurer has the same meaning as it has in S. 5(1) def. of

section 3 of the Workplace Injury self-insurer
inserted by
Rehabilitation and Compensation Act No. 28/2005
2013; s. 28,
amended by
No. 67/2013
s. 649(Sch. 9
item 25(1)(e)).
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);
WorkCover Authority Fund has the same S. 5(1) def. of
WorkCover
meaning as it has in the Workplace Injury Authority
Rehabilitation and Compensation Fund
inserted by
Act 2013; No. 10/2022
s. 46.
worker has the same meaning as it has in the S. 5(1) def. of

worker
Labour Hire Licensing Act 2018; inserted by
No. 36/2021
s. 4(1).
workplace means a place, whether or not in a

building or structure, where employees or
self-employed persons work.

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No. 107 of 2004
(2) For the purposes of this Act and the regulations—

S. 5(2)(a) (a) the following persons are taken to be
substituted by
No. 37/2014 employed by the Crown under a contract of
s. 10(Sch. service—
item 117(a)).
(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
Act 2013; and
S. 5(2)(b) (b) despite any contrary rule of law, the contract
amended by
No. 37/2014 of service and the relationship of employer
s. 10(Sch. and employee is to be taken to exist between
item 117(b)).
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 5A Extended definition of employer and employee—
inserted by
No. 36/2021 labour hire
s. 4(2).
(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.

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No. 107 of 2004
(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.
6 Act binds the Crown
(1) This Act and the regulations bind the Crown— S. 6(1)
amended by
No. 48/2017
(a) in right of the State of Victoria; and s. 9.
(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.

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No. 107 of 2004
Part 2—The Authority

Division 1—General functions and powers
7 Functions 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—

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No. 107 of 2004
(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
(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;

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No. 107 of 2004
(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
(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 to s. 7(1) Note
amended by
No. 67/2013 The Workplace Injury Rehabilitation and Compensation
s. 649(Sch. 9 Act 2013 also confers functions on the Authority relating to
item 25(2)).
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.

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No. 107 of 2004
(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.
8 Powers 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;

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No. 107 of 2004
(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.
Pt 2 Div. 1A
(Heading and
s. 8AA)
Division 1A—Use of information
inserted by
No. 8/2024
s. 31.
S. 8AA 8AA Use of information

inserted by
No. 8/2024
s. 31.
(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

9 Power 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—

14
No. 107 of 2004
(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.
10 Restrictions 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—

15
No. 107 of 2004
(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.
11 Circumstances 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;

16
No. 107 of 2004
(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;

17
No. 107 of 2004
(c) the date of the request;

(d) whether the request was approved or refused.
Division 3—Power to make guidelines

12 Power 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.
13 How 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

18
No. 107 of 2004
(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.
14 Withdrawal 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
15 Guidelines 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.

19
No. 107 of 2004
Division 4—Power to accept undertakings

relating to contraventions
16 Authority 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.
S. 16(3) (3) A person who gives an undertaking under this
substituted by
No. 48/2017 section must not contravene the undertaking.
s. 10.
S. 16(4) (4) Neither the Authority nor an inspector may bring
inserted by
No. 48/2017 a proceeding for an offence against this Act or the
s. 10. 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.
17 Enforcement 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.

20
No. 107 of 2004
(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

18 Power 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 Note to
s. 18(3)
An inspector or other person exercising this power may not amended by
be liable for things done or omitted to be done in good faith No. 67/2013
s. 649(Sch. 9
(see section 499(3) of the Workplace Injury item 25(3)).
Rehabilitation and Compensation Act 2013).

21
No. 107 of 2004
Division 6—Occupational Health and Safety

Advisory Committee
19 Occupational 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.

22
No. 107 of 2004
(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.

23
No. 107 of 2004
Part 3—General duties relating to health and safety
Part 3—General duties relating

to health and safety
Division 1—The concept of ensuring
health and safety
20 The 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;

24
No. 107 of 2004
(e) the cost of eliminating or reducing the hazard

or risk.
Division 2—Main duties of employers

21 Duties 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.
(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;

25
No. 107 of 2004
(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 to Note
s. 21(4)
amended by However, the offence may be heard and determined
No. 68/2009 summarily (see section 28 of the Criminal Procedure Act
s. 97(Sch.
item 90.1). 2009).
22 Duties of employers to monitor health and

conditions etc.
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

26
No. 107 of 2004
(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.
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.
23 Duties 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.

27
No. 107 of 2004

offence.
Note to Note
s. 23(2)
s. 97(Sch.
item 90.2). 2009).
Division 3—Duties of self-employed persons

24 Duties 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.
offence.
Note to Note
s. 24(2)
s. 97(Sch.
item 90.3). 2009).
Division 4—Duties of employees

25 Duties 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

28
No. 107 of 2004
(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
(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.
(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 Note to
s. 25(4)
However, the offence may be heard and determined amended by
summarily (see section 28 of the Criminal Procedure Act No. 68/2009
s. 97(Sch.
2009). item 90.4).
Division 5—Duties of other persons

26 Duties 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.

29
No. 107 of 2004
(2) The duties of a person under subsection (1) apply

only in relation to matters over which the person
has management or control.
offence.
Note to Note
s. 26(3)
s. 97(Sch.
item 90.5). 2009).
27 Duties 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

30
No. 107 of 2004
(d) on request, give such information to a person

who uses or is to use the plant.
offence.
Note Note to
s. 27(2)
s. 97(Sch.
2009). item 90.6).
28 Duties 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.
offence.
Note Note to
s. 28(2)
s. 97(Sch.
2009). item 90.7).

31
No. 107 of 2004
29 Duties 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—
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—
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.

32
No. 107 of 2004

offence.
Note Note to
s. 29(2)
s. 97(Sch.
2009). item 90.8).
30 Duties 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—
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—
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.

33
No. 107 of 2004
(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.
offence.
Note to Note
s. 30(3)
s. 97(Sch.
item 90.9). 2009).
31 Duties 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.

34
No. 107 of 2004

offence.
Note Note to
s. 31(2)
s. 97(Sch.
2009). item 90.10).
32 Duty 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 S. 32(b)
amended by
exceeding 20 000 penalty units. No. 41/2016
s. 5.
Note Note to s. 32
amended by
However, the offence may be heard and determined No. 68/2009
summarily (see section 28 of the Criminal Procedure Act s. 97(Sch.
item 90.11).
2009).
Division 6—Other matters

33 Single 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

35
No. 107 of 2004
(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
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.
34 Civil 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.

36
No. 107 of 2004
Part 4—Duty of employers to consult

35 Duty of employers to consult with employees S. 35
substituted by
(1) When doing any of the following things, an No. 49/2018
employer must so far as is reasonably practicable s. 19.
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
(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;

37
No. 107 of 2004
(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
(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

38
No. 107 of 2004
(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.
35A Duty to consult with other employers in relation to S. 35A
inserted by
duties relating to labour hire No. 36/2021
s. 5.
(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.

39
No. 107 of 2004
(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.
S. 36 * * * * *
repealed by
No. 49/2018
s. 19.

40
No. 107 of 2004
Part 5—Duties relating to incidents

37 Incidents 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 S. 37(2)
substituted by
person to a serious risk to the person's health or No. 10/2022
safety emanating from an immediate or imminent s. 47(1).
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

41
No. 107 of 2004
(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.
S. 37(2A) (2A) Without limiting subsections (1) and (2), this Part
inserted by
No. 10/2022 also applies to an incident constituted by the
s. 47(2). illness of a person, being an illness prescribed by
the regulations.
S. 37(3) (3) Despite subsections (1), (2) and (2A), this Part
amended by
No. 10/2022 does not apply to an incident of a kind excluded
s. 47(3). by the regulations.

42
No. 107 of 2004
(4) In this section— S. 37(4) def. of

medical
medical treatment means treatment by a person treatment
registered under the Health Practitioner amended by
No. 97/2005
Regulation National Law to practise in the s. 182(Sch. 4
medical or nursing or midwifery profession item 38),
substituted by
(other than as a student); No. 13/2010
s. 51(Sch.
item 39),
amended by
No. 48/2017
s. 11(a).
mine means— S. 37(4) def. of

mine
amended by
(a) a workplace at which work is being No. 63/2006
performed under a licence within the s. 61(Sch.
item 26.1),
meaning of the Mineral Resources substituted by
(Sustainable Development) No. 48/2017
s. 11(b).
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 S. 37(4) def. of
tourist mine
any other location in which the principal inserted by
activities conducted are those promoting No. 48/2017
s. 11(c).
interest in the practice and history of
prospecting or mining.

43
No. 107 of 2004
38 Duty to notify of incidents

S. 38(1) (1) An employer or self-employed person must not,
amended by
No. 48/2017 without reasonable excuse, fail to notify the
s. 12(1). 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
S. 38(4)(b) (b) a person, or a representative of a person,
amended by
No. 10/2022 injured in the incident or whose health or
s. 48. 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

44
No. 107 of 2004
(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 S. 38(5)(a)
substituted by
units; or No. 48/2017
s. 12(2).
(b) in the case of a body corporate, 1200 penalty S. 38(5)(b)

substituted by
units. No. 48/2017
s. 12(2).
(6) An offence against subsection (5) is an indictable S. 38(6)

inserted by
offence. No. 48/2017
s. 12(3).
Note
However, the offence may be heard and determined
summarily (see section 28 of the Criminal Procedure
Act 2009).
39 Duty to preserve incident sites
(1) An employer or self-employed person who is S. 39(1)
amended by
required to notify the Authority of an incident that No. 48/2017
has occurred at a workplace must not, without s. 13(1)(2).
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.
(2) Despite subsection (1), a site may be disturbed for
the purpose of—
(a) protecting the health or safety of a person; or

45
No. 107 of 2004
(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.
S. 39(3) (3) An offence against subsection (1) is an indictable
inserted by
No. 48/2017 offence.
s. 13(3).
Note
Act 2009).

46
No. 107 of 2004
Part 5A—Workplace manslaughter
Part 5A—Workplace manslaughter Pt 5A

(Headings
and
Division 1—Preliminary ss 39A–39G)
inserted by
No. 50/2019
s. 3.
39A Objects of Part 5A S 39A

inserted by
No. 50/2019
The objects of this Part are— s. 3.
(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.
39B Definitions S 39B
inserted by
No. 50/2019
In this Part— s. 3.
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.

47
No. 107 of 2004
S 39C 39C What does conduct mean?

inserted by
No. 50/2019 (1) For the purposes of this Part, conduct means—
s. 3.
(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.
S 39D 39D When may conduct constitute a breach of an
inserted by
No. 50/2019 applicable duty?
s. 3.
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.
S 39E 39E When is conduct negligent?
inserted by
No. 50/2019
s. 3.
(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—

48
No. 107 of 2004
(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.
39F When does a person owe an applicable duty to S 39F
inserted by
another person? No. 50/2019
s. 3.
(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.

49
No. 107 of 2004
(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
S 39G 39G Workplace manslaughter
inserted by
No. 50/2019
s. 3.
S. 39G(1) (1) A person who is not a volunteer must not engage

amended by
No. 16/2020 in conduct that—
s. 21(1).
(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.
S. 39G(2) (2) A person who is an officer of an applicable entity,
amended by
No. 16/2020 and who is not a volunteer, must not engage in
s. 21(2). conduct that—
(a) is negligent; and
(b) constitutes a breach of an applicable duty
that the entity owes to another person; and

50
No. 107 of 2004
(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.

51
No. 107 of 2004
Part 6—Licences, registration, permits and other requirements
Part 6—Licences, registration, permits and

other requirements
40 Requirements 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.
(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.
(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.

52
No. 107 of 2004
(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.
offence.
Note Note to
s. 40(5)
s. 97(Sch.
2009). item 90.12).
41 Requirements for prescribed qualifications or

experience
A person must not carry out work, or an activity,
by, or under the supervision of, a person who
has prescribed qualifications or experience;
and

53
No. 107 of 2004
(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).
42 Requirements for permit or certificate of
competency
A person must not carry out work, or an activity,
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.

54
No. 107 of 2004
Part 7—Representation of employees

Division 1—Grouping of employees
43 Establishment 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.
(4) An employer may initiate negotiations with
employees of the employer to establish designated
work groups.
44 Negotiation 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

55
No. 107 of 2004
(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.
(3) The parties to an agreement concerning a
designated work group or groups may, at any
time, negotiate a variation of the agreement.

56
No. 107 of 2004
(4) If a variation is agreed, the employer must vary

the agreement by giving written notice to the
employees.
(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
(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).
45 Determination 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.
(2) An inspector who determines unresolved
particulars must give written notice of the
determination to the parties and the parties must
give effect to the determination.

57
No. 107 of 2004
46 Matters to be taken into account

The following matters must be taken into account
in negotiations concerning a designated work
variation of an agreement) under this Division or
in determining unresolved particulars under
section 45—
(a) the number of employees at the workplace or
workplaces;
(b) the nature of each type of work performed at
the workplace or workplaces;
(c) the number and grouping of employees who
perform the same or similar types of work or
who work under the same or similar
arrangements;
(d) the areas at the workplace or workplaces
where each type of work is performed;
(e) the nature of any hazards at the workplace or
workplaces;
(f) any overtime or shift working arrangements
at the workplace or workplaces;
(g) whether other languages are spoken by the
employees.
Division 2—Grouping of employees of

multiple employers
47 Establishment of designated work groups of
multiple employers
(1) Designated work groups may be established of—
(a) employees of an employer at one or more
workplaces; and
(b) employees of one or more other employers at
one or more workplaces.

58
No. 107 of 2004
(2) The particulars of the designated work groups are

to be determined by negotiation, in accordance
with section 48, between each of the employers
and the employees.
(3) The establishment of one or more designated work
groups under this Division does not—
(a) prevent the establishment under this Division
or Division 1 of any other designated work
group of the employees concerned; or
(b) affect any designated work groups of those
employees that have already been established
under this Division or Division 1.
48 Negotiation of agreement for designated work
groups of multiple employers
(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 of the
employers 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;

59
No. 107 of 2004
(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 any
of the employers, 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 a written agreement on
the particulars mentioned in subsection (1), the
employers must establish the designated work
group or groups (as agreed) by giving written
notice to the employees.
(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 employers must vary
the agreement by giving written notice to the
employees.

60
No. 107 of 2004
(5) In negotiations concerning a designated work

variation of an agreement), an employee or a
group of employees may be represented by any
person authorised by the employee or group
(6) An agreement concerning a designated work
group or groups must only deal with the
particulars mentioned in subsection (1).
49 Matters to be taken into account
The following matters must be taken into account
in negotiations concerning a designated work
variation of an agreement) under this Division—
(a) the number of employees at the workplace or
workplaces;
(b) the nature of each type of work performed at
the workplace or workplaces;
(c) the number and grouping of employees who
perform the same or similar types of work or
who work under the same or similar
arrangements;
(d) the areas at the workplace or workplaces
where each type of work is performed;
(e) the nature of any hazards at the workplace or
workplaces;
(f) any overtime or shift working arrangements
at the workplace or workplaces;
(g) whether other languages are spoken by the
employees.

61
No. 107 of 2004
50 Guidelines for negotiations involving multiple

employers
(1) The Authority may publish guidelines about
conducting negotiations concerning designated
work groups (including negotiations for a
variation of an agreement) under this Division.
(2) The parties to such negotiations must have regard
to the guidelines (if any) in conducting those
negotiations.
51 Withdrawal from negotiations or agreement
involving multiple employers
(1) A party to a negotiation for an agreement, or to an
agreement, concerning a designated work group
under this Division may withdraw from the
negotiation or agreement at any time by giving
reasonable notice (in writing) to the other parties.
(2) If a party withdraws from an agreement
concerning a designated work group under this
Division—
(a) the other parties must negotiate a variation to
the agreement in accordance with section 48;
and
(b) the withdrawal does not affect the validity of
the agreement between the other parties in
the meantime.
52 Effect of Division on other arrangements
To avoid doubt, nothing in this Division affects
the capacity of two or more employers and their
employees to enter into other agreements or make
other arrangements, in addition to complying with
this Part, concerning the representation of those
employees.

62
No. 107 of 2004
Division 3—Prohibition on coercion relating to

designated work groups
53 Prohibition on coercion
(1) A person must not coerce or attempt to coerce
another person—
(a) not to make, or to withdraw, a request under
section 43; or
(b) in the conduct of negotiations concerning a
designated work group or groups (including
negotiations for a variation of an agreement)
under Division 1 or 2; or
(c) in relation to the other person being
represented in such negotiations.
(2) The Magistrates' Court may grant an injunction
requiring a person not to contravene or to cease
contravening subsection (1).
(3) If a court convicts a person or finds a person
guilty of an offence against subsection (1), the
court may make any order that it considers
appropriate relating to the validity of all or part of
an agreement under Division 1 or 2 (as the case
may be).
Division 4—Health and safety representatives

54 Election of health and safety representatives
(1) A health and safety representative for a designated
work group is to be elected by the members of the
designated work group.

63
No. 107 of 2004
(2) A person is—

(a) only eligible to be elected as a health and
safety representative for a designated work
group if he or she is a member of that group;
and
(b) not eligible to be elected as a health and
safety representative if he or she is
disqualified under section 56 from acting as
a health and safety representative.
(3) All members of the designated work group are
entitled to vote in an election.
(4) The members of the designated work group may
determine how an election is to be conducted
(subject to subsection (5)) but, if they do not reach
agreement within a reasonable time, any member
may ask the Authority to arrange for an inspector
to—
(a) conduct the election; or
(b) if the inspector considers it appropriate,
appoint another person to conduct the
election.
(5) An election must be conducted in accordance with
the procedures (if any) prescribed by the
regulations.
(6) If the number of candidates for election as a health
and safety representative equals the number of
vacancies, the election need not be conducted and
each candidate is to be taken to have been elected
as a health and safety representative for the

64
No. 107 of 2004
55 Term of office
work group holds office for the following period
(not exceeding 3 years)—
(a) the period agreed, or determined by an
inspector under section 45, when the
particulars of the designated work group
were determined;
(b) that period as varied under section 44
or 48—
starting on the day on which the representative is
elected.
(2) However, a person ceases to hold office as a
health and safety representative for a designated
work group if—
(a) the person ceases to be a member of the
designated work group; or
(b) the person is disqualified under section 56
from acting as a health and safety
representative; or
(c) the person resigns as the health and safety
representative by giving written notice to the
employer, or any of the employers,
concerned; or
(d) a majority of the members of the designated
work group resolve (in writing) that the
person should no longer represent the
designated work group but only if the person
has held office for at least 12 months; or

65
No. 107 of 2004
(e) the designated work group is varied unless,

as part of the variation, it is agreed or an
inspector determines under section 45 that
the variation is not to affect the remaining
term of office of that health and safety
representative.
(3) A health and safety representative is eligible for
re-election.
56 Disqualification of health and safety representatives
(1) An employer may apply to the Magistrates' Court
to have a health and safety representative
disqualified on the ground that the representative
has done any of the following things intending to
cause harm to the employer or the undertaking of
the employer—
(a) issued a provisional improvement notice to
the employer or an employee of the
employer in circumstances where the
representative could not reasonably have
held the belief referred to in section 60;
(b) issued a direction to cease work under
section 74;
(c) exercised any other power under this Part;
(d) used any information he or she acquired
from the employer for a purpose that is not
connected with his or her exercise of a power
under this Part.
(2) If the Magistrates' Court is satisfied that the
ground in subsection (1) is established, it may
disqualify the health and safety representative for
a specified period or permanently.

66
No. 107 of 2004
(3) For the purpose of determining what (if any)

action to take under subsection (2), the
Magistrates' Court must take into account—
(a) what (if any) harm was caused to the
employer or the undertaking of the employer
by or as a result of the action of the health
and safety representative; and
(b) the past record of the health and safety
representative in exercising powers under
this Part.
57 Deputy health and safety representatives
(1) Each deputy health and safety representative for a
designated work group is to be elected in the same
way as a health and safety representative for the
(2) If the health and safety representative for a
designated work group ceases to hold office or is
unable (because of absence or any other reason) to
exercise the powers of a health and safety
representative under this Part—
(a) the powers may be exercised by a deputy
health and safety representative (if any) for
the designated work group; and
(b) this Act (other than this section) applies in
relation to the deputy health and safety
representative accordingly.
(3) Sections 55, 56 and 67 apply to deputy health and
safety representatives in the same way as they
apply to health and safety representatives.
Note
Those sections deal with term of office, disqualification of
health and safety representatives and the obligation of
employers to train health and safety representatives.

67
No. 107 of 2004
Division 5—Powers of health and safety

representatives
58 Powers of health and safety representatives
work group may do any of the following—
(a) inspect any part of a workplace at which a
member of the designated work group
works—
(i) at any time after giving reasonable
notice to the employer concerned or its
representative; and
(ii) immediately in the event of an incident
or any situation involving an immediate
risk to the health or safety of any
person;
S. 58(1)(ab) (ab) take photographs or measurements or make
inserted by
No. 36/2021 sketches or recordings at any part of a
s. 29. workplace at which a member of the
designated work group works, other than
during an interview under paragraph (d)
or (e);
(b) accompany an inspector during an inspection
of a workplace at which a member of the
designated work group works;
(c) require the establishment of a health and
safety committee;
(d) if a member of the designated work group
consents, be present at an interview
concerning occupational health and safety
between—
(i) the member and an inspector; or
(ii) the member and the employer
concerned or its representative;

68
No. 107 of 2004
(e) if the health and safety representative is

authorised to represent a person mentioned
in section 44(1)(e) or 48(1)(e) and that
person consents, be present at an interview
between—
(i) the person and an inspector; or
(ii) the person and the employer concerned
or its representative;
(f) whenever necessary, seek the assistance of
any person.
(2) However, a health and safety representative may
do those things only for the purpose of—
(a) representing the members of the designated
work group, or persons mentioned in section
44(1)(e) or 48(1)(e) whom the representative
is authorised to represent, concerning health
or safety; or
(b) monitoring the measures taken by the
employer or employers in compliance with
this Act or the regulations; or
(c) enquiring into anything that poses, or may
pose, a risk to the health or safety of
members of the designated work group,
or of persons mentioned in section 44(1)(e)
or 48(1)(e) whom the representative is
authorised to represent, at the workplace or
workplaces or arising from the conduct of
the undertaking of the employer or
undertakings of the employers; or
(d) attempting to resolve (in accordance with
section 73) with the employer concerned or
its representative any issues concerning the
health or safety of members of the
designated work group, or of persons
mentioned in section 44(1)(e) or 48(1)(e)
69
No. 107 of 2004
whom the representative is authorised to

represent, that arise at the workplace or
workplaces or from the conduct of the
undertaking of the employer.
(3) Nothing in this Act or the regulations imposes, or
is to be taken to impose, a function or duty on a
health and safety representative in that capacity.
59 Powers generally limited to the particular
designated work group
A health and safety representative for a designated
work group may exercise powers under this Part
only in respect of matters that affect, or may
affect, members of that group, or persons
mentioned in section 44(1)(e) or 48(1)(e) whom
the representative is authorised to represent,
unless—
(a) there is an immediate risk to health or safety
that affects or may affect a member of
another designated work group; or
(b) a member of another designated work group
asks for the representative's assistance—
and it is not feasible for the representative to refer
the matter to a health and safety representative for
the other designated work group.
60 Provisional improvement notices
(1) If a health and safety representative believes on
reasonable grounds that a person—
(a) is contravening a provision of this Act or the
regulations; or
(b) has contravened such a provision in
circumstances that make it likely that the
contravention will continue or be repeated—

70
No. 107 of 2004
the health and safety representative may issue to

the person a provisional improvement notice
requiring the person to remedy the contravention
or likely contravention or the matters or activities
causing the contravention or likely contravention.
(2) However, the health and safety representative may S. 60(2)
amended by
only do so after consulting with the person or, if No. 36/2021
the person is a body corporate, an employee, agent s. 15.
or officer of the body corporate, about remedying

the contravention or likely contravention or the
matters or activities causing the contravention or
likely contravention.
(3) A provisional improvement notice must—
(a) state the representative's belief on which the
issue of the notice is based and the grounds
for that belief; and
(b) specify the provision of this Act or the
regulations that the representative considers
has been or is likely to be contravened; and
(c) specify a day (at least 8 days after the day on
which the notice is issued) before which the
person is required to remedy the
contravention or likely contravention or the
matters or activities causing the
contravention or likely contravention.
Note
For service of provisional improvement notices, see
section 64.
(4) A person to whom a provisional improvement
notice is issued must—
(a) if the person is an employee, bring the notice
to the attention of his or her employer; or
(b) if the person is not an employee or is an
employer who is given a copy of the notice
in accordance with paragraph (a)—

71
No. 107 of 2004
(i) bring the notice to the attention of each

other person whose work is affected by
the notice; and
(ii) display a copy of the notice in a
prominent place at or near the
workplace, or part of the workplace, at
which work is being performed that is
affected by the notice.
61 Provisional improvement notices may include
directions
(1) A provisional improvement notice may include
directions on the measures to be taken to remedy
the contravention or likely contravention, or the
likely contravention, to which the notice relates.
(2) A direction may—
(a) refer to a compliance code; and
(b) offer the person to whom it is issued a choice
of ways in which to remedy the
contravention, likely contravention, matters
or activities.
62 Offence to contravene a provisional improvement
notice
(1) A person must comply with a provisional
improvement notice issued to him or her in
relation to which an inspector has not been
required under section 63 to attend at the
workplace.

72
No. 107 of 2004

offence.
Note Note to
s. 62(2)
summarily (see section 28 of the Criminal Procedure No. 68/2009
s. 97(Sch.
Act 2009). item 90.13).
63 Attendance of inspector at workplace after issue of

provisional improvement notice
(1) Within 7 days after a provisional improvement
notice is issued to a person—
(a) the person to whom it was issued; or
(b) if the person is an employee, his or her
employer—
to attend at the workplace to enquire into the
circumstances the subject of the notice.
(2) The Authority must ensure that an inspector
attends the workplace as soon as possible after the
request is made and before the day specified in the
notice as being the day by which the notice must
be complied with.
(3) The inspector must, as soon as possible—
(a) enquire into the circumstances the subject of
the provisional improvement notice; and
(b) affirm (with or without modifications) or
cancel the provisional improvement notice
by giving written notice to the health and
safety representative who issued it and the
person to whom it was issued.
(4) The inspector may perform any of his or her
functions or exercise any of his or her powers
under this Act that the inspector considers
reasonably necessary in the circumstances.

73
No. 107 of 2004
(5) A notice under subsection (3)(b) must set out—

(a) the basis for the inspector's decision to
affirm or cancel the provisional improvement
notice; and
(b) if the provisional improvement notice is
affirmed, the penalty for contravening that
notice; and
(c) how the person may seek review of the
inspector's decision.
(6) A person to whom a provisional improvement
notice was issued that is affirmed by an inspector
under this section must comply with the
provisional improvement notice.
offence.
Note to Note
s. 63(7)
No. 68/2009 summarily (see section 28 of the Criminal Procedure
s. 97(Sch.
item 90.14). Act 2009).
S. 64 64 Issue etc. of provisional improvement notice or

(Heading)
amended by inspector's notice
No. 36/2021
s. 16(1). (1) A provisional improvement notice, or notice given
S. 64 by an inspector under section 63(3)(b), may be
amended by issued or given to a person by—
No. 48/2017
s. 14(3) (ILA
s. 39B(1)).
(a) delivering it personally to the person or
sending it by post or facsimile to the person's
usual or last known place of residence or
business; or

74
No. 107 of 2004
(b) leaving it for the person at the person's usual

or last known place of residence or business
with a person who is apparently over
16 years and who apparently resides or
works there; or
(c) leaving it for the person at the workplace S. 64(1)(c)
amended by
to which the notice relates with a person No. 48/2017
who is apparently over 16 years and who is s. 14(1).
apparently the occupier for the time being of

the workplace; or
(d) if the person to whom the notice is to be S. 64(1)(d)
inserted by
issued or given is not a body corporate, No. 48/2017
sending it by electronic communication to s. 14(2),
amended by
the person at the person's usual or last known No. 36/2021
electronic address; or s. 16(2).
(e) if the person is an employer registered S. 64(1)(e)

inserted by
under section 434 of the Workplace No. 48/2017
Injury Rehabilitation and Compensation s. 14(2).
Act 2013, sending it by post or electronic

communication to the last address for
service shown on a communication from
the employer to the Authority.
(2) In addition to subsection (1), if the person to S. 64(2)
inserted by
whom a notice is to be issued or given is a body No. 48/2017
corporate, the notice may be issued or given by— s. 14(3),
substituted by
No. 36/2021
(a) delivering it personally to the head office, s. 16(3).
registered office or principal place of
business of the body corporate; or
(b) sending it by post to the head office,
(c) sending it by electronic communication to an
employee, agent or officer of the body
corporate.

75
No. 107 of 2004
S. 64(3) (3) Subject to subsection (4), this section is

inserted by in addition to, and not in derogation from,
No. 48/2017
s. 14(3), the Interpretation of Legislation Act 1984,
amended by the Electronic Transactions (Victoria)
No. 49/2018
s. 20(1). Act 2000 and sections 109X and 601CX of
the Corporations Act.
S. 64(4) (4) Section 8(1) and (2) of the Electronic
inserted by
No. 49/2018 Transactions (Victoria) Act 2000 do not
s. 20(2), apply to the issue or giving of a notice by
amended by
No. 36/2021 electronic communication under this section.
s. 16(4).
65 Formal irregularities or defects in provisional
improvement notices
A provisional improvement notice, or notice given
by an inspector under section 63(3)(b), is not
invalid merely because of—
(a) a formal defect or irregularity in the notice
unless the defect or irregularity causes or is
likely to cause substantial injustice; or
(b) a failure to use the correct name of the
person to whom the notice is issued if the
notice sufficiently identifies the person and
is issued to the person in accordance with
section 64.
66 Proceedings for offences not affected by notices
The issue, variation or cancellation of a
provisional improvement notice, or notice given
by an inspector under section 63(3)(b), does not
affect any proceedings for an offence against this
Act or the regulations in connection with any
matter in respect of which the notice was issued.

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No. 107 of 2004
Division 6—Obligations of employers to health and

safety representatives
67 Obligation to train health and safety representatives
(1) An employer must, if requested by a health and
safety representative for a designated work group
of which employees of the employer are members,
allow the representative to attend the following
courses—
(a) an initial course of training in occupational
health and safety after being elected;
(b) a refresher course at least once in each year,
after completing the initial course of training,
that he or she holds office.
(2) A request to attend a course must not be made less
than 14 days before the course is to start.
(3) A course must be—
(a) approved or conducted by the Authority; and
(b) relevant to the work of the members of the
designated work group or the role of health
and safety representatives; and
(c) subject to subsection (5), chosen by the
health and safety representative in
consultation with the employer.
(4) The employer must—
(a) allow each health and safety representative
time off work to attend the courses with such
pay as he or she would otherwise be entitled
to receive from the employer for working
during that period; and
(b) pay the costs associated with each health and
safety representative's attendance at the
courses.

77
No. 107 of 2004
Note
If the health and safety representative represents a
designated work group of the employees of more than one
employer, section 68 provides for the apportionment of
those costs among the employers.
(5) If an employer refuses to allow a health and safety
representative to attend a course or they cannot
agree on a particular course, the representative
may ask the Authority to determine a specified
course that the representative may attend for the
purposes of subsection (1)(a) or (b).
(6) A determination must be in writing and the
Authority must ensure that it is not made less than
14 days before the specified course is to start.
(7) An employer who, without reasonable excuse,
refuses to allow a health and safety representative
to attend a course specified in such a
determination is guilty of an offence and liable to
a fine not exceeding—
(a) in the case of a natural person, 60 penalty
units; or
(b) in the case of a body corporate, 300 penalty
units.
(8) If—
(a) a health and safety representative represents
a designated work group of the employees of
more than one employer; and
(b) any of those employers has complied with
this section in respect of the representative—
each of those employers is to be taken to have
complied with this section in respect of the
representative.

78
No. 107 of 2004
68 Obligation to share costs if multiple employers

(1) If a health and safety representative, or deputy
health and safety representative (if any),
represents a designated work group of the
employees of more than one employer—
(a) the costs of the representative exercising
powers under this Part; and
(b) the costs mentioned in section 67(4)(b)—
for which any of the employers are liable must be
apportioned equally between each of the
employers unless they agree otherwise.
(2) An agreement to apportion the costs in another
way may be varied at any time by negotiation
between each employer.
69 Other obligations of employers to health and safety
representatives
(1) An employer, any of whose employees are
members of a designated work group must—
(a) allow a health and safety representative for
the designated work group to have access to
information that the employer has relating
to—
(i) actual or potential hazards arising from
the conduct of the undertaking of the
employer or the plant or substances
used for the purposes of that
undertaking; and
(ii) the health and safety of the members
of the designated work group, or
persons mentioned in section 44(1)(e)
or 48(1)(e) whom the health and safety
representative is authorised to
represent;

79
No. 107 of 2004
(b) if a member of the designated work group

consents, allow a health and safety
representative for that group to be present at
an interview concerning occupational health
and safety between—
(i) the member and an inspector; and
(ii) the member and the employer or its
representative;
(c) if the health and safety representative is
authorised to represent a person mentioned
in section 44(1)(e) or 48(1)(e) and that
person consents, be present at an interview
between—
(i) the person and an inspector; or
(ii) the person and the employer or its
representative;
(d) allow a health and safety representative for
the designated work group to take such time
off work with pay as is necessary or
prescribed by the regulations for—
(i) exercising his or her powers under this
Part; or
(ii) taking part in any course of training
(other than a course of training covered
by section 67) relating to occupational
health and safety that is approved or
conducted by the Authority and of
which the employer is given at least
14 days' notice;
(e) provide such other facilities and assistance to
a health and safety representative for the
designated work group as are necessary or
prescribed by the regulations to enable the

80
No. 107 of 2004
representative to exercise his or her powers

under this Part.
(2) Despite subsection (1), an employer must not
allow a health and safety representative to have
access to any medical information concerning an
employee without the employee's consent unless
the information is in a form—
(a) that does not identify the employee; or
(b) from which the employee's identity cannot
reasonably be ascertained.
Note
An employer must not discriminate against an employee, or
subject or threaten to subject an employee to any detriment,
because the employee is acting or has acted as a health and
safety representative (see Division 9).
70 Obligation to persons assisting health and safety
representatives
(1) An employer, any of whose employees are
members of a designated work group must allow a
person assisting a health and safety representative
access to the workplace unless the employer
considers that the person is not a suitable person
to assist the representative because of insufficient
knowledge of occupational health and safety.
(2) If an employer does not allow a person assisting a
health and safety representative access to the
workplace, the representative may apply to the
Magistrates' Court for an order—
(a) directing the employer to allow that access;
and

81
No. 107 of 2004
(b) specifying the terms and conditions of that

access.
71 Obligation to keep list of health and safety
representatives
An employer must ensure that—
(a) a written list of each health and safety
representative and deputy health and safety
representative for each designated work
group (if any) of the employees of the
employer is prepared and kept up-to-date;
and
(b) a copy of the list is displayed at each
workplace under the management and
control of the employer or otherwise readily
accessible to all employees of the employer.
Division 7—Health and safety committees

72 Health and safety committees
(1) An employer must establish a health and safety
committee in accordance with this section—
(a) within 3 months after being requested to do
so by a health and safety representative; or
(b) if required by the regulations to do so.
Note
An employer is required to consult employees on the
membership of the committee (see Part 4).
(2) At least half of the members of a health and safety
committee must be employees (and, so far as
practicable, health and safety representatives or

82
No. 107 of 2004
deputy health and safety representatives) of the

employer.
(3) The functions of a health and safety committee
are—
(a) to facilitate co-operation between the
employer and employees in instigating,
developing and carrying out measures
designed to ensure the health and safety at
work of the employees; and
(b) to formulate, review and disseminate
(in other languages if appropriate) to the
employees the standards, rules and
procedures relating to health and safety that
are to be carried out or complied with at the
workplace; and
(c) such other functions as are prescribed by the
regulations or agreed between the employer
and the committee.
(4) A health and safety committee must meet—
(a) at least once every 3 months; and
(b) at any other time if at least half of its
members require a meeting.
(5) Subject to this Act and the regulations, a health
and safety committee may determine its own
procedures.
Division 8—Resolution of health and safety issues

73 Resolution of health and safety issues
(1) If an issue concerning health or safety arises at a
workplace or from the conduct of the undertaking
of an employer—
(a) the employer or its representative; and

83
No. 107 of 2004
(b) the employees affected by the issue or, if

there is a designated work group in relation
to which the issue has arisen, the health and
safety representative for that group—
must attempt to resolve the issue in accordance
with the relevant agreed procedure or, if there is
no such procedure, the relevant procedure
prescribed by the regulations.
Note
If the issue is not resolved within a reasonable time, any of
the parties attempting to resolve it may ask the Authority to
arrange for an inspector to attend at the workplace to enquire
into the issue (see section 75).
(2) An employer must ensure that its representative
(if any) for the purposes of subsection (1)(a)—
(a) is not a health and safety representative; and
(b) has an appropriate level of seniority, and is
sufficiently competent, to act as the
employer's representative.
74 Direction to cease work
(1) If—
(a) an issue concerning health or safety arises at
a workplace or from the conduct of the
undertaking of an employer; and
(b) the issue concerns work which involves an
immediate threat to the health or safety of
any person; and
(c) given the nature of the threat and degree of
risk, it is not appropriate to adopt the
processes set out in section 73—

84
No. 107 of 2004
the employer or the health and safety

representative for the designated work group in
relation to which the issue has arisen may, after
consultation between them, direct that the work is
to cease.
(2) During any period for which work has ceased in
accordance with such a direction, the employer
may assign any employees whose work is affected
to suitable alternative work.
Note
Any of the parties attempting to resolve the issue may
require an inspector to attend the workplace (see section 75).
75 Inspector may be required to attend workplace
(1) If an issue is not resolved under section 73 within
a reasonable time, or an issue is the subject of a
direction under section 74 that work is to cease,
any of the parties attempting to resolve the issue
to attend at the workplace to enquire into the
issue.
attends at the workplace as soon as possible after
the request is made.
(3) The inspector must, as soon as possible, enquire
into the issue and may perform any of his or her
functions or exercise any of his or her powers
under this Act that the inspector considers
reasonably necessary in the circumstances.
(4) If—
(a) the inspector issues a prohibition notice; or
(b) otherwise determines (in writing) that there
was reasonable cause for employees to be
concerned for their health or safety—

85
No. 107 of 2004
an employee who, as a result of the issue arising,

does not work for any period pending its
resolution but would otherwise be entitled to be
paid for that period continues to be entitled to be
paid for that period.
(5) A dispute concerning an entitlement under
subsection (4) may be referred to the Magistrates'
Court or to any other court or tribunal that has
jurisdiction in relation to the matter.
Division 9—Discrimination against employees or

prospective employees
Pt 7 Div. 9 Subdivision 1—Criminal offences and proceedings

Subdiv. 1
(Heading)
inserted by
No. 34/2009
s. 5.
76 Prohibition on discrimination
(a) an employer who dismisses an employee,
injures an employee in the employment of
the employer or alters the position of an
employee to the employee's detriment; and
(b) an employer who threatens to do any of
those things to an employee; and
(c) an employer or prospective employer who
refuses or fails to offer employment to a
prospective employee, or treats a prospective
employee less favourably than another
prospective employee would be treated in
offering terms of employment.
(2) The employer or prospective employer is guilty of
an indictable offence if the employer or
prospective employer engaged in that conduct

86
No. 107 of 2004
because the employee or prospective employee

(as the case may be)—
(a) is or has been a health and safety
representative or a member of a health and
safety committee; or
(b) exercises or has exercised a power as a
health and safety representative or as a
member of a health and safety committee; or
(c) assists or has assisted, or gives or has S. 76(2)(c)
amended by
given any information to, an inspector, the Nos 34/2009
Authority, an authorised representative of a s. 4(1),
48/2017
registered employee organisation, a health s. 15(1).
and safety representative or a member of a
health and safety committee; or
(d) raises or has raised an issue or concern S. 76(2)(d)
amended by
about health or safety to the employer, an Nos 34/2009
inspector, the Authority, an authorised s. 4(2),
48/2017
representative of a registered employee s. 15(2).
organisation, a health and safety
representative, a member of a health and
safety committee or an employee of the
employer.
Notes
1 The effect of section 57(2)(b) is that a reference to a
health and safety representative includes a reference to
a deputy health and safety representative.
2 The offence may be heard and determined summarily Note 2 to
s. 76(2)
(see section 28 of the Criminal Procedure Act 2009).
amended by
No. 68/2009
s. 97(Sch.
item 90.15).
(3) An employer or prospective employer may be

guilty of an offence against subsection (2) only if
the reason mentioned in subsection (2)(a), (b), (c)
or (d) is the dominant reason why the employer or
prospective employer engaged in the conduct.

87
No. 107 of 2004
(4) An employer or prospective employer who is

guilty of an offence against subsection (2) is liable
to—
S. 76(4)(a) (a) in the case of a natural person, a fine not
substituted by
No. 34/2009 exceeding 500 penalty units; and
s. 4(3).
(b) in the case of a body corporate, a fine not

exceeding 2500 penalty units.
S. 77 77 Accused bears onus of proof
(Heading)
amended by
No. 68/2009
In proceedings for an offence against section 76, if
s. 97(Sch. all the facts constituting the offence other than the
item 90.16).
reason for the conduct of the accused are proved,
S. 77 the accused bears the onus of proving that the
amended by
No. 68/2009 reason alleged in the charge was not the dominant
s. 97(Sch. reason why the accused engaged in the conduct.
item 90.17).
78 Order for damages or reinstatement

If an employer or prospective employer is
convicted or found guilty of an offence against
section 76, the court may (in addition to imposing
a penalty) make either or both of the following
orders—
(a) an order that the offender pay (within a
specified period) such damages to the
employee or prospective employee against
whom the offender discriminated as the court
considers appropriate to compensate him or
her;
(b) an order that—
(i) the employee be reinstated or
re-employed in his or her former
position or, if that position is not
available, in a similar position; or

88
No. 107 of 2004
(ii) the prospective employee be employed

in the position for which he or she had
applied or a similar position.
Pt 7 Div. 9
Subdivision 2—Civil actions for Subdiv. 2
(Heading and
discriminatory conduct ss 78A–78E)
inserted by
No. 34/2009
s. 6.
78A Prohibition of discriminatory conduct S. 78A

inserted by
No. 34/2009
(1) An employer or prospective employer must not s. 6.
engage in discriminatory conduct for a prohibited
reason.
(2) For the purposes of this subdivision, an employer
or prospective employer engages in discriminatory
conduct if—
(a) the employer of an employee—
(i) dismisses the employee, injures an
employee in the employment of the
employer or alters the position of the
employee to the employee's detriment;
or
(ii) threatens to do any of those things to
the employee; or
(b) the employer or prospective employer of the
prospective employee refuses or fails to offer
employment to the prospective employee, or
treats the prospective employee less
favourably than another prospective
employee would be treated in offering terms
of employment.
78B Prohibited reasons S. 78B
inserted by
No. 34/2009
(1) Conduct referred to in section 78A is for a s. 6.
prohibited reason if it is carried out because the
employee or prospective employee—

89
No. 107 of 2004
(a) is or has been a health and safety

representative or a member of a health and
safety committee; or
(b) exercises or has exercised a power as a
health and safety representative or as a
member of a health and safety committee; or
S. 78B(1)(c) (c) assists or has assisted, or gives or has
amended by
No. 48/2017 given any information to, an inspector, the
s. 16(1). Authority, an authorised representative of a
registered employee organisation, a health
and safety representative or a member of a
health and safety committee; or
S. 78B(1)(d) (d) raises or has raised an issue or concern
amended by
No. 48/2017 about health and safety to an employer, an
s. 16(2). inspector, the Authority, an authorised
representative of a registered employee
organisation, a health and safety
representative, a member of a health and
safety committee or an employee of the
employer.
(2) For the purposes of section 78A, an employer
or prospective employer may be found to
have engaged in discriminatory conduct for a
prohibited reason if a reason mentioned in
subsection (1) is a substantial reason for the
conduct.
S. 78C 78C Prohibition of authorising or assisting
inserted by
No. 34/2009 discriminatory conduct
s. 6.
A person must not request, instruct, induce,
encourage, authorise or assist an employer or
prospective employer to engage in discriminatory
conduct in contravention of section 78A.
S. 78D 78D Civil action for discriminatory conduct
inserted by
No. 34/2009
s. 6.
(1) An eligible person may apply to the Industrial
Division of the Magistrates' Court for an order
under this section.
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No. 107 of 2004
(2) The Industrial Division of the Magistrates' Court

may make one or more of the following orders in
relation to an employer or prospective employer
who has contravened section 78A—
(a) an order that the employer or prospective
employer pay (within a specified period)
such damages to the employee or prospective
employee who was the subject of the
discriminatory conduct as the Court
considers appropriate to compensate the
employee or prospective employee;
(b) an order that—
(i) the employee be reinstated or re-
employed in the employee's former
position or, if that position is not
available, in a similar position; or
(ii) the prospective employee be employed
in the position for which the
prospective employee had applied or a
similar position;
(c) any other order that the Court considers
appropriate.
(3) The Industrial Division of the Magistrates' Court
may make one or more of the following orders in
relation to a person who has contravened
section 78C—
(a) an order that the accused pay (within a S. 78D(3)(a)
amended by
specified period) such damages to the person No. 68/2009
who was the subject of the discriminatory s. 97(Sch.
item 90.18).
conduct as the Court considers appropriate to
compensate the person;
(b) any other order that the Court considers
appropriate.

91
No. 107 of 2004
(4) The orders that may be made under subsections

(2)(c) or (3)(b) include—
(a) injunctions; and
(b) any other orders that the Industrial Division
of the Magistrates' Court considers necessary
to stop the conduct or remedy its effects.
(5) For the purposes of this section, each of the
following is an eligible person—
(a) a person affected by the contravention;
(b) another person authorised to represent a
person referred to in paragraph (a).
(6) Nothing in this section is to be construed as
limiting any other power of the Industrial Division
of the Magistrates' Court.
S. 78E 78E Procedure for actions for discriminatory conduct
inserted by
No. 34/2009
s. 6.
(1) A proceeding brought for contravention of
section 78A or 78C must be commenced not more
than 1 year after the date on which the plaintiff
knew or ought to have known that the cause of
action accrued.
S. 78E(2) (2) In a proceeding for a contravention of section 78A
amended by
No. 68/2009 or 78C, if all the facts constituting the alleged
s. 97(Sch. discriminatory conduct other than the reason for
item 90.19).
the conduct of the accused are proved, the accused
bears the onus of proving that the reason alleged
in the complaint was not a substantial reason for
the conduct.
S. 78E(3) (3) It is a defence to a proceeding for a contravention
amended by
No. 68/2009 of section 78A or 78C if the accused proves that—
s. 97(Sch.
item 90.20). (a) the conduct was reasonable in the
circumstances; and

92
No. 107 of 2004
(b) a substantial reason for the conduct was to S. 78E(3)(b)

comply with the requirements of this Act or amended by
No. 67/2013
with the Workplace Injury Rehabilitation s. 649(Sch. 9
and Compensation Act 2013. item 25(4)).
(4) The making of an order in a proceeding for a

contravention of section 78A does not prevent the
bringing of a proceeding for an offence against
section 76 in respect of the same conduct.
(5) If the Industrial Division of the Magistrates' Court
makes an order under section 78D in a proceeding
for a contravention of section 78A, the court
cannot make an order under section 78 in a
proceeding for an offence against section 76 in
respect of the same conduct.
(6) If the court makes an order under section 78 in a
proceeding for an offence against section 76, the
Industrial Division of the Magistrates' Court
cannot make an order under section 78D in a
proceeding for a contravention of section 78A in
respect of the same conduct.

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No. 107 of 2004
Part 8—Authorised representatives of registered employee organisations
Part 8—Authorised representatives of

registered employee organisations
Division 1—Definitions
79 Definitions relating to registered employee
organisations
In this Part—
S. 79 def. of committee of management has the same meaning
committee of
management as in the Fair Work (Registered
amended by Organisations) Act 2009 of the
No. 24/2009
s. 34(1)(a). Commonwealth;
S. 79 def. of Commonwealth Fair Work Act means the Fair
Common-
wealth Fair Work Act 2009 of the Commonwealth
Work Act
inserted by
No. 24/2009
s. 34(2).
S. 79 def. of Fair Work Transition Act means the Fair Work

Fair Work
Transition Act (Transitional Provisions and Consequential
inserted by Amendments) Act 2009 of the
No. 24/2009
s. 34(2). Commonwealth;
S. 79 def. of office and officer of a registered employee
office and
officer organisation have the same meanings as in
amended by the Fair Work (Registered Organisations)
No. 24/2009
s. 34(1)(b). Act 2009 of the Commonwealth;
S. 79 def. of registered employee organisation means an
registered
employee organisation, of which some or all of the
organisation members are employees, that is registered, or
amended by
No. 24/2009 taken to be registered, under the Fair Work
s. 34(1)(c). (Registered Organisations) Act 2009 of the
Commonwealth.

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No. 107 of 2004
Division 2—Entry permits

80 Limit on number of entry permits held by
authorised representatives
(1) The Minister may, by notice published in the
Government Gazette, make a determination
limiting the number of persons who may hold an
entry permit as an authorised representative of a
registered employee organisation.
(2) Before making the determination, the Minister
must take into account the advice given by the
Authority's Board of Management.
81 Who may hold an entry permit
A person may only hold an entry permit as an
authorised representative of a registered employee
organisation if he or she—
(a) is a permanent employee or officer of the
organisation, whether engaged on a full-time
or part-time basis; and
(b) has satisfactorily completed a course of
training approved (in writing) by the
Authority for the purposes of this paragraph;
and
(c) is not disqualified from holding an entry
permit by an order of the Magistrates' Court.
Note
For disqualification orders, see section 85.
82 Courses of training for authorised representatives
(1) The Authority must consult with the Occupational
Health and Safety Advisory Committee before
approving courses of training for the purposes of
section 81.

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No. 107 of 2004
(2) The Authority must regularly review the approved

courses of training to ensure they are appropriate
for the purposes of this Part and, in doing so, must
consult with the Occupational Health and Safety
Advisory Committee.
83 Issue of entry permits
(1) A member of the committee of management of a
registered employee organisation, or of a branch
of such an organisation, may apply to the
Magistrates' Court for an entry permit to be issued
to a person who is an officer or employee of the
organisation as an authorised representative of the
organisation.
(2) An application for an entry permit must specify
the person who is to hold the entry permit and
include a statutory declaration or affidavit
declaring or deposing—
(a) that the person is qualified under section 81
to hold an entry permit; and
(b) that the issue of the entry permit would not
exceed the limit set out in the Minister's
determination (if any) under section 80; and
(c) whether—
(i) any entry permits issued to the person
have been revoked; or
(ii) the person has been convicted or found
guilty of an offence against this Part; or
(iii) the person has been convicted or found
guilty of any indictable offence within
the previous 5 years.
(3) The Magistrates' Court may issue an entry permit
to a person if it is satisfied about each of the
matters in subsections (2)(a) and (b) and has had
regard to the matters in subsection (2)(c).

96
No. 107 of 2004
(4) An entry permit must include the information

(if any) prescribed by the regulations.
(5) A person who holds an entry permit is an
authorised representative of the registered
employee organisation that applied for the permit.
84 Expiry of entry permits
(1) An entry permit issued to a person as an
authorised representative of a registered employee
organisation expires at the earlier of—
(a) 3 years after it is issued; or
(b) when the person ceases to be a permanent
employee or officer of the organisation,
whether engaged on a full-time or part-time
basis; or
(c) when the organisation ceases to be a
registered employee organisation.
Note
An entry permit may also be revoked (see section 85).
(2) Before an entry permit has expired, an application
may be made for the issue of a subsequent entry
permit.
85 Revocation and disqualification
(1) The Authority or an employer may apply to the
Magistrates' Court for an entry permit held by a
person to be revoked because the person has—
(a) in exercising or purporting to exercise a
power under this Part—
(i) intentionally hindered or obstructed any S. 85(1)(a)(i)
amended by
employer or employee; or No. 48/2017
s. 17.
(ii) acted unreasonably or otherwise than

for the purposes of exercising a power
under this Part; or

97
No. 107 of 2004
(b) intentionally used or disclosed, for a purpose

not reasonably connected with the exercise
of a power under this Part, information that
was acquired from any employer or
employee.
(2) The applicant must give written notice of the
application, setting out the grounds for it, to the
person who holds the entry permit and the
registered employee organisation concerned.
(3) The person who holds the entry permit and the
registered employee organisation are parties to the
application.
(4) If the Magistrates' Court is satisfied on the balance
of probabilities about any of the matters in
subsection (1)(a) or (b), it may make an order—
(a) revoking the entry permit; and
(b) if it considers it appropriate to do so,
disqualifying the person from holding an
entry permit for a specified period (of no
more than 5 years).
(5) In deciding what action to take under
subsection (4), the Magistrates' Court must take
into account—
(a) the extent (if any) of harm, loss or damage
caused; and
(b) the person's past record in exercising powers
under this Part as an authorised
representative.
86 Return of expired or revoked entry permits
Within 14 days after an entry permit expires or is
revoked, the person to whom it was issued must
return it to a registrar or deputy registrar of the
Magistrates' Court.

98
No. 107 of 2004
Division 3—Entry by authorised representatives

87 Entry powers of authorised representatives
(1) This section applies if an authorised representative
of a registered employee organisation reasonably
suspects that a contravention of this Act or the
regulations has occurred or is occurring at a place
that is a workplace and any of the following
paragraphs applies—
(a) the suspected contravention relates to or
affects work that is being carried out by one
or more members of the registered employee
organisation or relates to or affects any of
those members;
(b) the suspected contravention relates to or S. 87(1)(b)
substituted by
affects work that is being carried out by one No. 24/2009
or more persons whose employment is s. 35(1).
subject to a collective agreement, a certified

agreement or an enterprise agreement, or
relates to or affects any of those persons, and
that agreement applies to the registered
employee organisation;
(c) the suspected contravention relates to or S. 87(1)(c)
substituted by
affects work that is being carried out by one No. 24/2009
or more persons— s. 35(1).
(i) who are eligible to be members of the

registered employee organisation; and
(ii) whose employment is not subject to a
collective agreement, a certified
agreement or an enterprise agreement
which applies to any registered
employee organisation—
or relates to or affects any of those persons.
Note
Place is defined in section 5 as including a car, truck, ship,
boat, airplane and any other vehicle.

99
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(2) The authorised representative may enter the place,

during working hours, for the purpose only of
enquiring into the suspected contravention.
(3) Nothing in this section requires an authorised
organisation to disclose to another person the
names of persons who are members of that
organisation.
S. 87(4) (4) In this section—
substituted by
No. 24/2009
s. 35(3).
certified agreement means a pre-reform certified
agreement that continues in existence as a
transitional instrument under the Fair Work
Transition Act;
collective agreement means a workplace
agreement that is a collective agreement that
continues in existence as a transitional
instrument under the Fair Work Transition
Act;
enterprise agreement means an enterprise
agreement made under the Commonwealth
Fair Work Act.
Note
Section 90 provides certain limitations on the exercise of the
powers conferred by this section.
88 Announcement on entry
(1) Immediately on entering a place under section 87,
an authorised representative of a registered
employee organisation must take all reasonable
steps to give a notice to and produce his or her
entry permit for inspection by—
(a) the employer who has, or a person who on
behalf of the employer has, the management
and control of the work at the place; and

100
No. 107 of 2004
(b) if members of a designated work group are

affected in any way by the entry, a health
and safety representative for that group.
(2) The notice must be in the form approved
(in writing) by the Authority and include a
description of the suspected contravention.
89 Powers on entry
(1) An authorised representative of a registered
employee organisation who enters a place under
section 87 may do any of the following but only to
the extent that it is reasonable for the purpose of
enquiring into the suspected contravention—
(a) inspect any plant, substance or other thing at
the place;
(b) observe work carried on at the place;
(ba) take photographs or measurements or make S. 89(1)(ba)
inserted by
sketches or recordings at the place; No. 36/2021
s. 30.
(c) consult with one or more employees (with

their consent) at the place who are members
or are eligible to be members of the
registered employee organisation;
(d) consult with any employer at the place about
anything relevant to the matter into which
the representative is enquiring.
(2) The authorised representative must produce his or
her entry permit for inspection if asked to do so
when exercising any of the powers under
subsection (1).
(3) If, while the authorised representative is at the
place, an issue arises between the authorised
representative and the employer who has, or a
person who on behalf of the employer has, the
management and control of the work at the place

101
No. 107 of 2004
about the exercise of any of those powers, either

of those persons may ask the Authority to arrange
for an inspector to attend at the place to enquire
into the issue.
attends the place as soon as possible after the
request is made and the inspector—
(a) must as soon as possible enquire into the
issue; and
(b) may perform any of his or her functions or
exercise any of his or her powers under this
Act that the inspector considers reasonably
necessary in the circumstances.
90 Limitations on exercise of powers
(1) Despite anything else in this Part, an authorised
organisation is not entitled to exercise a power
under this Part in respect of—
(a) any part of a place that is used for residential
purposes except with the consent of the
occupier for the time being of the place; or
(b) any part of a place to which access is limited
to any extent, by or under another Act, to
particular persons or circumstances the effect
of which is that the authorised representative
is precluded from entering the part of the
place.
(2) Despite anything else in this Part but subject to
subsection (3), an authorised representative of a
registered employee organisation is not entitled to
exercise a power under this Part in respect of a
place, except with the consent of the employer
who has, or a person who on behalf of the
employer has, the management and control of the
work, if the exercise of that power would cause
any work at the place to cease.
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No. 107 of 2004
(3) Nothing in subsection (2) prevents an authorised

representative who reasonably believes that there
is an immediate and significant risk of serious
injury or death to one or more employees from
warning the employee or employees of that risk.
(4) To avoid doubt, nothing in subsection (2) prevents
an authorised representative from consulting with
an employee during his or her meal-time or other
breaks.
Division 4—Offences relating to

authorised representatives
91 Offences by authorised representatives
An authorised representative must not—
(a) intentionally and unreasonably hinder or
obstruct any employer or employee; or
(b) intentionally intimidate or threaten any
employer or employee; or
(c) intentionally use or disclose, for a purpose
not reasonably connected with the exercise
of a power under this Part, information that
was acquired from any employer or
employee; or
(ca) intentionally use, disclose or provide to S. 91(ca)
inserted by
another person, for a purpose not reasonably No. 36/2021
connected with the exercise of a power under s. 31.
this Part, photographs or measurements

taken or sketches or recordings made in the
exercise of a power under section 89(1)(ba);
or
(d) intentionally exercise or purport to exercise a
power under this Part other than for the
purpose of enquiring into a suspected
contravention of this Act or the regulations.

103
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92 Loss or damage caused by authorised representative

(1) If an authorised representative of a registered
employee organisation is convicted or found
guilty of an offence against section 91, a person
who suffers significant loss or damage as a result
of the commission of the offence is entitled to
recover from that organisation, by action in a
court of competent jurisdiction, an amount in
respect of that loss or damage.
(2) A court may make an order in proceedings under
subsection (1) for the payment of an amount that
the court considers reasonable in the
circumstances.
93 Offence to obstruct etc. authorised representative
A person must not—
(a) refuse an authorised representative entry to a
workplace; or
(b) intentionally hinder, obstruct, intimidate or
threaten an authorised representative in the
exercise of his or her powers under this Part,
or induce or attempt to induce any other
person to do so.
94 Offence to impersonate authorised representative
A person who does not hold an entry permit
issued under this Part must not, in any way, hold
himself or herself out as—
(a) a person who holds such an entry permit; or
(b) an authorised representative of a registered
employee organisation.

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No. 107 of 2004
Part 9—Inspectors and enforcement

Division 1—Appointment of inspectors
95 Appointment of inspectors
(1) The Authority may, by instrument in writing—
(a) appoint an officer or employee of the
Authority to be an inspector for the purposes
of this Act; and
(b) appoint a person employed under Part 3 of S. 95(1)(b)
amended by
the Public Administration Act 2004 by the Nos 63/2006
Department Head (within the meaning of s. 61(Sch.
item 26.2),
that Act) of the Department of Primary 6/2009 s. 56.
Industries to be an inspector for the purposes
of this Act in respect of activities carried out
under the Petroleum Act 1998 or the
Mineral Resources (Sustainable
Development) Act 1990.
(2) The appointment of a person as an inspector for
the purposes of this Act and either or both of the
following Acts may be made by a single
instrument—
(a) the Dangerous Goods Act 1985;
(b) the Equipment (Public Safety) Act 1994.
(3) The Authority must give each inspector a S. 95(3)
amended by
certificate of appointment signed by the chief No. 67/2013
executive of the Authority (appointed under s. 649(Sch. 9
item 25(5)).
section 498 of the Workplace Injury
Rehabilitation and Compensation Act 2013).
(4) A certificate of appointment given to an inspector
in accordance with subsection (3) is conclusive
proof of the valid appointment of the inspector
under this section.

105
No. 107 of 2004
96 Identity cards
(1) The Authority must issue an identity card to each
inspector containing a photograph of the inspector
and his or her signature.
(2) An inspector must produce his or her identity card
for inspection if asked to do so when performing a
function or exercising a power under this Act or
the regulations.
(3) If a person to whom an identity card has been
issued ceases to be an inspector, the person must
return the identity card to the Authority as soon as
practicable.
Division 2—Performance of functions or

exercise of powers
97 Inspectors subject to Authority's directions
(1) An inspector is subject to the Authority's
directions in the performance of his or her
functions or exercise of his or her powers under
this Act or the regulations.
(2) A direction under subsection (1) may be of a
general nature or may relate to a specified matter
or specified class of matter.
Division 3—Powers relating to entry

98 Power to enter
(1) An inspector may enter a place that the inspector
reasonably believes is a workplace at any time
during working hours.

106
No. 107 of 2004
(2) However, an inspector may enter any place at any

time if the inspector reasonably believes that there
is an immediate risk to the health or safety of a
person arising from the conduct of an undertaking
at the place.
Note
Place is defined in section 5 as including a car, truck, ship,
boat, airplane and any other vehicle.
99 General powers on entry
An inspector who enters a place under this
Division may do any of the following—
(a) inspect, examine and make enquiries at the
place;
(b) inspect and examine any thing (including a
document) at the place;
(c) bring any equipment or materials to the place
that may be required;
(d) seize any thing (including a document) at the
place that may afford evidence of the
commission of an offence against this Act or
the regulations;
(e) seize any thing at the place for further
examination or testing but only if the
inspector reasonably believes that the
examination or testing is reasonably
necessary and cannot be reasonably
conducted on site;
(f) take photographs or measurements or make
sketches or recordings;
(g) exercise any other power conferred on the
inspector by this Act or the regulations;

107
No. 107 of 2004
(h) do any other thing that is reasonably

necessary for the purpose of the inspector
performing his or her functions or exercising
his or her powers under this Act or the
regulations.
Note
The powers conferred by this section are limited if all or
part of the place is used only for residential purposes
(see section 107).
S. 100 100 Power to require production of documents and
(Heading)
substituted by answers to questions
No. 48/2017
s. 18(1).
S. 100(1) (1) An inspector who enters a place under this

amended by
No. 48/2017 Division may do any or all of the following—
s. 18(2).
S. 100(1)(a) (a) require a person to produce a document or

amended by
No. 48/2017 part of a document; and
s. 18(3).
(b) examine that document or part; and

(c) require a person at the place to answer any
questions put by the inspector.
refuse or fail to comply with a requirement under
subsection (1).
(3) Before requiring a person to produce a document
or part of a document or to answer questions
under subsection (1), an inspector—
(a) must produce his or her identity card for
inspection by the person and warn the person
that a refusal or failure to comply with the

108
No. 107 of 2004
requirement, without reasonable excuse, is

an offence; and
(b) must inform the person that he or she may
refuse or fail to answer any question if
answering the question would tend to
incriminate him or her.
(4) A person is not liable to be prosecuted for an
offence against subsection (2) if the inspector
concerned failed to comply with subsection (3).
Notes
1 The powers conferred by this section are limited if all
or part of the place is used only for residential purposes
(see section 107).
2 This section does not affect legal professional privilege Note 2 to
s. 100(4)
or client legal privilege (see section 155) or, in the case
amended by
of a requirement to answer questions, the privilege No. 69/2009
against self-incrimination (see section 154). s. 54(Sch. Pt 1
item 40.1).
(5) Despite section 7 of the Criminal Procedure S. 100(5)

inserted by
Act 2009, a proceeding for an offence against this No. 48/2017
section must be commenced within 12 months s. 18(4).
after the date on which the Authority becomes

aware that an offence has been committed.
101 Power to take samples
(1) An inspector who enters a place under this
Division may take (without payment) samples of
any thing at the place that may be required for
analysis.
(2) If an inspector intends to take a sample, he or she
must notify the following persons of his or her
intention—
(a) the occupier or apparent occupier for the
time being of the place; and

109
No. 107 of 2004

affected in any way by the taking of the
sample, a health and safety representative for
that group.
(3) Unless it is unsafe to do so, after taking the
sample the inspector must—
(a) divide it into as many parts as are necessary
and mark and seal or fasten up each part in a
way that the nature of the sample allows; and
(b) if any of the persons who must be notified in
accordance with subsection (2) requires the
inspector to give the person a part, give one
part to each of the persons who must be
notified in accordance with that subsection;
and
(c) keep one part for future comparison.
(4) If it is determined that the sample is to be
analysed the inspector must submit another part to
an analyst for that purpose.
Division 4—Procedure relating to entry

102 Announcement on entry
(1) Immediately on entering a place under Division 3,
an inspector must take all reasonable steps to
notify the following persons of the entry and to
produce his or her identity card for inspection by
those persons—
time being of the place;
affected in any way by the entry, a health
and safety representative for the designated
work group.

110
No. 107 of 2004
(2) However, an inspector is not required to notify, or

produce his or her identity card for inspection by,
a person if—
(a) to do so would defeat the purpose for which
the place was entered or cause unreasonable
delay; or
(b) the person is already aware that the inspector
has entered the place or was notified in
advance of when he or she would enter.
103 Report to be given about entry
(1) An inspector who enters a place under Division 3
must give a report concerning the entry when, or
as soon as practicable after, the inspector leaves
the place to—
time being of the place; and
(b) if members of a designated work group work
at the workplace, a health and safety
representative for the designated work group.
(2) The report must be in writing and include—
(a) the time of the entry and departure; and
(b) the purpose of the entry; and
(c) a description of things done while at the
place; and
(d) a summary of the inspector's observations
while at the place; and
(e) the procedure for contacting the Authority
and the inspector for further details of the
entry; and
(f) the procedure for seeking review of any
decision made by the inspector during the
entry.

111
No. 107 of 2004
(3) If the inspector takes photographs or makes

sketches or recordings under section 99(f), the
report must also include a statement that—
(a) the photographs have been taken or sketches
or recordings have been made; and
(b) they are or will be available for inspection at
a specified place.
S. 103(4) (4) The report may be given in a manner specified in
inserted by
No. 36/2021 section 115(1) or (1A).
s. 17.
S. 103(5) (5) Section 8(1) and (2) of the Electronic

inserted by
No. 36/2021 Transactions (Victoria) Act 2000 do not apply to
s. 17. the giving of a report by electronic
communication in a manner specified in section
115(1) or (1A).
Division 5—Search warrants

104 Issue of search warrants
(1) An inspector may apply to a magistrate for the
issue of a search warrant in relation to a particular
place if the inspector believes on reasonable
grounds that there is, or may be within the next
72 hours, a particular thing (including a
document) at the place that may afford evidence
of the commission of an offence against this Act
or the regulations.
S. 104(2) (2) A magistrate may issue the search warrant if
amended by
No. 6/2018 he or she is satisfied by evidence on oath or by
s. 68(Sch. 2 affirmation, whether oral or by affidavit, that
item 91).
there are reasonable grounds for suspecting that
there is, or may be within 72 hours, a particular
thing (including a document) at the place that
may afford evidence of the commission of an
offence against this Act or the regulations.

112
No. 107 of 2004
(3) The search warrant may authorise a named

inspector and any assistants the inspector
considers necessary—
(a) to enter the place or part of the place named
or described in the warrant; and
(b) to search for the thing named or described in
the warrant.
(4) In addition to any other requirement, the search
warrant must state—
(a) the offence suspected; and
(b) the place to be searched; and
(c) a description of the thing for which the
search is to be made; and
(d) any conditions to which the warrant is
subject; and
(e) whether entry is authorised to be made at any
time or during specified hours; and
(f) that the warrant authorises entry on only one
occasion; and
(g) a day, not later than 7 days after the warrant
is issued, on which it ceases to have effect.
(5) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and in the
form prescribed under that Act.
(6) The rules that apply to search warrants mentioned
in the Magistrates' Court Act 1989 extend and
apply to search warrants under this section.
105 Announcement before entry on warrant
(1) Before executing a search warrant, the inspector
named in the warrant or an assistant to the
inspector must—

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(a) announce that he or she is authorised by the

warrant to enter the place; and
(b) give any person at the place an opportunity
to allow that entry.
(2) However, the inspector or an assistant to the
inspector need not comply with subsection (1) if
he or she believes on reasonable grounds that
immediate entry to the place is needed to ensure—
(a) the safety of any person; or
(b) that the effective execution of the warrant is
not frustrated.
106 Copy of warrant to be given to occupier
If an occupier or apparent occupier is present at
the place when a search warrant is being executed,
the inspector must—
(a) identify himself or herself to that person by
producing his or her identity card for
inspection; and
(b) give that person a copy of the execution copy
of the warrant.
Division 6—Limitation on entry powers

107 Places used for residential purposes
Despite anything else in this Part, the powers of
an inspector under this Part in relation to entering
a place are not exercisable in respect of any part
of a place that is used only for residential purposes
except—
(a) with the consent of the occupier for the time
being of the place; or
(b) under the authority conferred by a search
warrant.

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Division 7—Return and forfeiture of seized things

108 Return of seized things
(1) As soon as possible after an inspector seizes any
thing (including a document) under this Part the
Authority must return the thing to the owner
unless—
(a) the Authority considers it necessary to retain
the thing because it may afford evidence in
proceedings, that have been or may be
commenced, for an offence against this Act
or the regulations; or
(b) the thing is forfeited to the Authority under
section 109; or
(ba) the owner of the thing notifies the Authority S. 108(1)(ba)
inserted by
in writing that the owner transfers ownership No. 36/2021
of the thing to the Authority; or s. 32(1).
(bb) the thing is a copy made under section 124 of S. 108(1)(bb)

inserted by
a document or part of a document; or No. 36/2021
s. 32(1).
(c) the Authority is otherwise authorised (by a

law or court order) to retain, destroy or
dispose of the thing.
(2) The thing may be returned either unconditionally
or on such terms and conditions as the Authority
considers appropriate to eliminate or reduce any
risks to health or safety.
(3) If the Authority imposes terms or conditions on
the return of a thing, the owner must comply with
each of those terms and conditions.

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S. 108(4) (4) To avoid doubt, the Authority may destroy or

inserted by dispose of a thing without giving notice to any
No. 36/2021
s. 32(2). person of the destruction or disposal if—
(a) the thing is forfeited to the Authority under
section 109; or
(b) the owner of the thing has notified the
Authority under subsection (1)(ba) that the
owner transfers ownership of the thing to the
Authority; or
(c) the thing is a copy made under section 124 of
a document or part of a document; or
(d) the Authority is otherwise authorised (by a
law or court order) to destroy or dispose of
the thing without giving notice to any
person.
109 Forfeiture of seized things
(1) Any thing (including a document) that an
inspector has seized and retained under this Part is
forfeited to the Authority if the Authority—
(a) cannot find its owner despite making
reasonable enquiries; or
(b) cannot return it to the owner despite making
reasonable efforts; or
(c) considers it necessary to retain the thing to
prevent the commission of an offence against
(2) If a thing is forfeited to the Authority under
subsection (1)(c), the Authority must notify (in
writing) the owner accordingly, setting out how
the owner may seek review of the decision to
forfeit the thing, unless the Authority cannot find
the owner despite making reasonable enquiries.

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Division 8—Powers to issue notices

110 Power to issue non-disturbance notice
(1) An inspector who has entered a place under this
Part may issue a non-disturbance notice to a
person who is or appears to be the occupier for the
time being of the place requiring the person to—
(a) stop the use or movement of, or interference
with, any specified plant, substance or other
thing at the place; and
(b) prevent the disturbance of the specified
plant, substance or other thing or a specified
area of the place where the plant, substance
or other thing is located—
if the inspector reasonably believes that it is
necessary to do so to facilitate the performance of
his or her functions or exercise of his or her
powers under this Act or the regulations in
relation to the place or any plant, substance or
other thing at the place.
(2) A non-disturbance notice must specify the period
(of no more than 7 days) for which it applies and
set out—
(a) the obligations of the person to whom the
notice is issued; and
(b) the penalty for contravening the notice; and
(c) how the person may seek review of the issue
of the notice; and
(d) a statement of the effect of section 117
(proceedings for offences not affected by
notices).

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(3) If an inspector considers it necessary to do so, he

or she may issue one or more subsequent
non-disturbance notices to a person, whether
before or after the expiry of the previous notice,
each of which must comply with subsection (2).
(4) A person who, without reasonable excuse, fails to
comply with a non-disturbance notice issued to
the person is guilty of an indictable offence and
liable to a fine not exceeding—
(a) in the case of a natural person, 500 penalty
units; or
(b) in the case of a body corporate, 2500 penalty
units.
Note to Note
s. 110(4)
s. 97(Sch.
item 90.21). 2009).
111 Power to issue improvement notice

(1) If an inspector reasonably believes that a person—
(a) is contravening a provision of this Act or the
regulations; or
(b) has contravened such a provision in
circumstances that make it likely that the
contravention will continue or be repeated—
the inspector may issue to the person an
improvement notice requiring the person to
remedy the contravention or likely contravention
or the matters or activities causing the
contravention or likely contravention.
(2) An improvement notice must—
(a) state the basis for the inspector's belief on
which the issue of the notice is based; and

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(b) specify the provision of this Act or the

regulations that the inspector considers has
been or is likely to be contravened; and
(c) specify a date (with or without a time) by
which the person is required to remedy the
contravention or likely contravention or the
matters or activities causing the
contravention or likely contravention, that
the inspector considers is reasonable having
regard to the severity of the risk to the health
or safety of any person and the nature of the
contravention or likely contravention; and
(d) set out the penalty for contravening the
notice; and
(e) state how the person may seek review of the
issue of the notice; and
(f) include a statement of the effect of
section 117 (proceedings for offences not
affected by notices).
(3) An improvement notice may include directions
concerning the measures to be taken to remedy the
contravention or likely contravention, or the
likely contravention, to which the notice relates
and may, in particular, include—
(a) a direction that if the person has not
remedied the contravention, likely
contravention, matters or activities (as the
case may be) by the date and time (if any)
specified in the notice, an activity to which
the notice relates is to cease until an
inspector has certified in writing that the
or activities have been remedied; and

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(b) interim directions, or interim conditions on

the carrying on of any activities to which the
notice relates, that the inspector considers
necessary to minimise risks to the health or
safety of a person.
(4) A person to whom an improvement notice is
issued must comply with the notice.
offence.
Note to Note
s. 111(5)
s. 97(Sch.
item 90.22). 2009).
(6) If an application for review of a decision under

this section has been made under Part 10, an
inspector must not give a certificate under
subsection (3)(a) in relation to the improvement
notice concerned until after the review ends.
112 Power to issue prohibition notice
(1) If an inspector reasonably believes that—
S. 112(1)(a) (a) an activity is occurring at a workplace that
amended by
No. 10/2022 involves or will involve a serious risk to the
s. 49. health or safety of a person emanating from
an immediate or imminent exposure to a
hazard; or

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(b) an activity may occur at a workplace that, if S. 112(1)(b)

it occurs, will involve a serious risk to the amended by
No. 10/2022
health or safety of a person emanating from s. 49.
an immediate or imminent exposure to a
hazard—
the inspector may issue to a person who has or
appears to have control over the activity a
prohibition notice prohibiting the carrying on of
the activity, or the carrying on of the activity in a
specified way, until an inspector has certified in
writing that the matters that give or will give rise
to the risk have been remedied.
(2) A prohibition notice must—
(a) state the basis for the inspector's belief on
which the issue of the notice is based; and
(b) specify the activity which the inspector
believes involves or will involve the risk and
the matters which give or will give rise to the
risk; and
(c) if the inspector believes that the activity
involves a contravention or likely
contravention of a provision of this Act or
the regulations, specify that provision and
state the basis for that belief; and
(d) set out the penalty for contravening the
notice; and
(e) state how the person may seek review of the
issue of the notice; and
(f) include a statement of the effect of
section 117 (proceedings for offences not
affected by notices).
(3) A prohibition notice may include directions on the
measures to be taken to remedy the risk, activities
or matters to which the notice relates, or the

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contravention or likely contravention mentioned

in subsection (2)(c).
(4) A prohibition notice that prohibits the carrying on
of an activity in a specified way may do so by
specifying one or more of the following—
(a) a workplace, or part of a workplace, at which
the activity is not to be carried out;
(b) any thing that is not to be used in connection
with the activity;
(c) any procedure that is not to be followed in
connection with the activity.
(5) A person to whom a prohibition notice is issued
must comply with the notice.
offence.
Note to Note
s. 112(6)
s. 97(Sch.
item 90.23). 2009).
(7) If an application for review of a decision under

this section has been made under Part 10, an
inspector must not give a certificate under
subsection (1) in relation to the prohibition notice
concerned until after the review ends.
113 Directions or conditions in notices
A direction or condition included in an
improvement notice or prohibition notice may—
(a) refer to a compliance code; and

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(b) offer the person to whom it is issued a choice

of ways in which to remedy the
or activities concerned.
114 Variation or cancellation of notices
A non-disturbance notice, improvement notice or
prohibition notice issued by an inspector may only
be varied or cancelled by the Authority.
Note
The Authority may vary or cancel such a notice in the same
way that an inspector may make the notice (see section 41A
of the Interpretation of Legislation Act 1984).
115 Issue of notices S. 115
(Heading)
amended by
(1) A non-disturbance notice, improvement notice or No. 36/2021
prohibition notice may be issued to a person by— s. 18(1).
(a) delivering it personally to the person or

sending it by post or facsimile to the person's
usual or last known place of residence or
business; or
(b) leaving it for the person at the person's usual
or last known place of residence or business
with a person who is apparently over
16 years and who apparently resides or
works there; or
(c) leaving it for the person at the workplace to S. 115(1)(c)
amended by
which the notice relates with a person who is No. 48/2017
apparently over 16 years and who apparently s. 19(1).
is the occupier for the time being of the

workplace; or
(d) if the person to whom the notice is to be S. 115(1)(d)
inserted by
issued is not a body corporate, sending it by No. 48/2017
electronic communication to the person at s. 19(2),
amended by
the person's usual or last known electronic No. 36/2021
address; or s. 18(2).

123
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S. 115(1)(e) (e) if the person is an employer registered

inserted by under section 434 of the Workplace
No. 48/2017
s. 19(2). Injury Rehabilitation and Compensation
Act 2013, sending it by post or electronic
communication to the last address for
service shown on a communication from
the employer to the Authority.
S. 115(1A) (1A) In addition to subsection (1), if the person to
inserted by
No. 48/2017 whom a notice is to be issued is a body corporate,
s. 19(3), the notice may be issued by—
substituted by
No. 36/2021
s. 18(3).
(a) delivering it personally to the head office,
(b) sending it by post to the head office,
(c) sending it by electronic communication to an
employee, agent or officer of the body
corporate.
S. 115(1B) (1B) Subject to subsection (1C), this section is
inserted by
No. 48/2017 in addition to, and not in derogation from,
s. 19(3), the Interpretation of Legislation Act 1984,
amended by
No. 49/2018 the Electronic Transactions (Victoria)
s. 21(1). Act 2000 and sections 109X and 601CX of
the Corporations Act.
S. 115(1C) (1C) Section 8(1) and (2) of the Electronic
inserted by
No. 49/2018 Transactions (Victoria) Act 2000 do not
s. 21(2), apply to the issue of a notice by electronic
amended by
No. 36/2021 communication under this section.
s. 18(4).
(2) A person to whom a non-disturbance notice,

improvement notice or prohibition notice is issued
must as soon as possible—
(a) if the person is an employee, give a copy of
the notice to his or her employer; or

124
No. 107 of 2004
(b) if the person is not an employee or is an

employer who is given a copy of the notice
in accordance with paragraph (a)—
(i) bring the notice to the attention of each
other person whose work is affected by
the notice; and
(ii) give a copy of the notice to each health
and safety representative who
represents employees whose work is
affected by the notice; and
(iii) display a copy of the notice in a
prominent place at or near the
workplace, or part of the workplace, at
which work is being performed that is
affected by the notice.
116 Formal irregularities or defects in notices
A non-disturbance notice, improvement notice or
prohibition notice is not invalid merely because
of—
(a) a formal defect or irregularity in the notice
unless the defect or irregularity causes or is
likely to cause substantial injustice; or
(b) a failure to use the correct name of the
person to whom the notice is issued if the
notice sufficiently identifies the person and
is issued to the person in accordance with
section 115.
117 Proceedings for offences not affected by notices
The issue, variation or cancellation of a
non-disturbance notice, improvement notice or
prohibition notice does not affect any proceedings
for an offence against this Act or the regulations

125
No. 107 of 2004
in connection with any matter in respect of which

the notice was issued.
118 Injunctions for non-compliance with notices
(1) The Authority may apply to the Supreme Court
for an injunction—
(a) compelling a person to comply with a
non-disturbance notice, improvement notice
or prohibition notice; or
(b) restraining a person from contravening such
a notice.
(2) The Authority may do so whether or not
proceedings have been instituted for an offence
against this Act or the regulations in connection
with any matter in respect of which the notice was
issued.
Division 9—Other powers

119 Power to require name and address
(1) An inspector may ask a person to state his or her
name and address if the inspector reasonably
believes that the person—
(a) may be able to assist in the investigation of
an indictable offence under this Act that has
been committed or is suspected of having
been committed; or
(b) has committed or is about to commit an
offence (whether indictable or summary)
(2) The inspector must inform the person of the
grounds for his or her belief in sufficient detail to
allow the person to understand the nature of the
offence or suspected offence.

126
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(3) A person who, in response to being asked to state

his or her name and address in accordance with
this section—
(a) refuses or fails to do so; or
(b) states a name that is false in a material
particular; or
(c) states an address other than the full and
correct address of his or her ordinary place
of residence or business—
is guilty of an offence and liable to a fine not
exceeding 5 penalty units.
(4) A person who is asked to state his or her name and
address may ask the inspector to produce his or
her identity card for inspection.
120 Power to give directions
(1) An inspector may give a direction (either orally or S. 120(1)
amended by
in writing) to a person at a workplace if the No. 10/2022
inspector reasonably believes that it is necessary s. 50.
to do so because of a serious risk to the health or

safety of any person emanating from an
immediate or imminent exposure to a hazard.
refuse or fail to comply with a direction given to
the person under subsection (1).
offence.
Note Note to
s. 120(3)
s. 97(Sch.
2009). item 90.24).

127
No. 107 of 2004
Division 10—Other matters

121 Persons who must assist inspector
The following persons must not, without
reasonable excuse, refuse or fail to provide such
assistance as an inspector may reasonably require
for the performance of his or her functions or
exercise of his or her powers under this Act or the
regulations—
(a) an occupier or apparent occupier for the time
being of a workplace;
(b) an employer who has the management and
control of a workplace;
(c) an employee at a workplace.
122 Other assistance in exercising powers
(1) For the purpose of exercising a power under this
Act or the regulations, an inspector may seek the
assistance of any person.
(2) If the power being exercised involves entry to a
workplace, the person assisting must be allowed
access to that workplace by—
time being of the workplace; or
(b) the employer who has the management and
control of the workplace.

128
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(3) If an inspector uses the assistance of an

interpreter—
(a) any enquiry or request made by the
interpreter on the inspector's behalf is taken
to have been made by the inspector; and
(b) any answer given to the interpreter is taken
to have been given to the inspector.
123 Inspector may take affidavits
An inspector is authorised to take affidavits for
any purpose relating or incidental to the
performance of his or her functions or exercise of
his or her powers under this Act or the
regulations.
124 Inspector may copy documents
An inspector may make copies of, or take extracts
from, a document or part of a document given to
the inspector in accordance with a requirement
Division 11—Offences
125 Offences in relation to inspections
(1) A person must not—
(a) intentionally hinder or obstruct an inspector
in the performance of his or her functions or
exercise of his or her powers under this Act
or the regulations, or induce or attempt to
induce any other person to do so; or
(b) intentionally conceal from an inspector the
location or existence of any other person or
any plant, substance or other thing; or
(c) intentionally prevent or attempt to prevent
any other person from assisting an inspector.

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No. 107 of 2004

(2) A person must not assault, directly or indirectly
intimidate or threaten, or attempt to intimidate or
threaten, an inspector or a person assisting an
inspector.
Penalty: Imprisonment for 2 years, or
240 penalty units, or both for a natural
person;
126 Offence to impersonate inspector
A person who is not an inspector must not, in any
way, hold himself or herself out to be an
inspector.

130
No. 107 of 2004
Part 9A—Workplace Incidents Consultative Committee
Part 9A—Workplace Incidents Consultative Pt 9A

(Heading and
Committee ss 126A,
126B)
inserted by
No. 50/2019
s. 4.
126A Establishment of Workplace Incidents Consultative S 126A

inserted by
Committee No. 50/2019
s. 4.
(1) The Minister must, in accordance with the
regulations, establish a Workplace Incidents
Consultative Committee.
(2) The function of the Committee is to provide
advice and make recommendations to the Minister
about—
(a) the needs of persons who are affected,
directly or indirectly, by incidents that—
(i) occur at a workplace; and
(ii) involve death, serious injury or serious
illness; and
(b) the development, review and improvement
of policies, practices, strategies and systems
relating to—
(i) the incidents referred to in paragraph
(a); or
(ii) occupational health and safety more
generally.
(3) The Committee is to perform its function in
accordance with the regulations.
(4) Without limiting the generality of section 158, the
regulations may make provision for or with
respect to—
(a) the appointment of members of the
Committee, including—
(i) the number of members; and

131
No. 107 of 2004
Part 9A—Workplace Incidents Consultative Committee
(ii) subject to subsection (5), the experience

or qualifications of members; and
(iii) the terms and conditions on which
members are appointed; and
(iv) the remuneration, allowances and
expenses of members; and
(b) the procedure of the Committee.
(5) Regulations providing for the experience or
qualifications of the members of the Committee
must require that a majority of members be
persons who have been affected, directly or
indirectly, by incidents that—
(a) occur at a workplace; and
(b) involve death, serious injury or serious
illness.
S 126B 126B Annual report
inserted by
No. 50/2019
s. 4.
(1) The Workplace Incidents Consultative Committee
established under section 126A may give the
Minister a written report about the Committee's
operations during a particular financial year.
(2) On receiving a report under subsection (1), the
Minister must cause the report to be laid before
each House of the Parliament within 14 sitting
days of that House.

132
No. 107 of 2004
Part 10—Review of decisions

127 Which decisions are reviewable
(1) The following table sets out—
(a) decisions made under this Act that are
reviewable in accordance with this Part
(reviewable decisions); and
(b) who is eligible to apply for review of a
reviewable decision (the eligible person in
relation to the reviewable decision).
(2) To avoid doubt, sections 4 and 5 of the Victorian
Civil and Administrative Tribunal Act 1998
apply for the purposes of this Act.
Note
Under section 4 of that Act, a person makes a decision if the
person refuses to make a decision or an instrument, imposes
a condition or restriction or does or refuses to do any other
act or thing. Section 5 of that Act sets out when a person's
interests are affected by a decision.
Provision under which Eligible person in relation to

Item reviewable decision is made reviewable decision
1. Section 45 (determination of (1) An employee whose interests
unresolved particulars are affected by the decision.
concerning designated work (2) An employer whose interests
groups) are affected by the decision.
2. Section 54(4)(b) (1) An employee whose interests
(appointment by an inspector are affected by the decision.
of a person to conduct an (2) An employer whose interests
election of a health and are affected by the decision.
safety representative)

133
No. 107 of 2004

3. Section 63(3)(b) (decision to (1) The person to whom the
affirm or cancel a provisional improvement
provisional improvement notice was issued.
notice) (2) The health and safety
representative who issued the
provisional improvement
notice.
(3) A health and safety
representative who represents
an employee, or represents a
person mentioned in section
44(1)(e) or 48(1)(e), whose
interests are affected by the
decision.
(4) An employee whose interests
are affected by the decision.
(5) An employer whose interests
4. Section 75(4)(b) (1) An employee whose interests
(determination that there was are affected by the decision.
reasonable cause for (2) An employer whose interests
employees to be concerned are affected by the decision.
for their health or safety)
representative whose direction
under section 74 to cease
work gave rise to the decision.
5. Section 108(2) (terms and (1) The owner of the seized thing.
conditions on the return of (2) A person who has an interest
seized things) in the seized thing.
(3) Any other person whose
decision.

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No. 107 of 2004

6. Section 109(1) (forfeiture of (1) A person to whom a notice of
seized things) forfeiture is issued under
section 109(2).
(2) A person who has an interest
in the seized thing.
(3) Any other person whose
decision.
7. Section 110(1) (issue of a (1) The person to whom the
non-disturbance notice) non-disturbance notice is
issued.
44(1)(e) or 48(1)(e), whose
decision.
8. Section 111(1) (issue of an (1) The person to whom the
improvement notice) improvement notice is issued.
44(1)(e) or 48(1)(e), whose
decision.

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No. 107 of 2004

9. Section 111(3)(a) (1) The person to whom the
(certification that matters the improvement notice was
subject of an improvement issued.
notice have been remedied) (2) A health and safety
44(1)(e) or 48(1)(e), whose
decision.
10. Section 112(1) (issue of a (1) The person to whom the
prohibition notice) prohibition notice is issued.
44(1)(e) or 48(1)(e), whose
decision.

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No. 107 of 2004

11. Section 112(1) (certification (1) The person to whom the
that matters the subject of a prohibition notice was issued.
prohibition notice have been (2) A health and safety
remedied) representative who represents
44(1)(e) or 48(1)(e), whose
decision.
12. Section 114 (variation or (1) The person to whom the
cancellation of a notice concerned was issued.
non-disturbance notice, (2) A health and safety
improvement notice or representative who represents
prohibition notice) an employee, or represents a
44(1)(e) or 48(1)(e), whose
decision.
(5) In the case of a prohibition
notice, a health and safety
work gave rise to the notice.

137
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128 Internal review

(1) An eligible person in relation to a reviewable
decision, other than a decision made by the
Authority, may apply to the Authority for review
of the decision within—
(a) 14 days after the day on which the decision
first came to the eligible person's notice; or
(b) such longer period as the Authority allows.
(2) The application must be in the form approved (in
writing) by the Authority.
(3) If an application is made to the Authority in
accordance with this section, the Authority must
make a decision—
(a) to affirm or vary the reviewable decision; or
(b) to set aside the reviewable decision and
substitute another decision that the Authority
considers appropriate.
S. 128(4) (4) The Authority must give a written notice to the
amended by
No. 10/2022 applicant setting out—
s. 51.
(a) the Authority's decision under subsection (3)
and the reasons for the decision; and
(b) the findings on material questions of fact that
led to the decision, referring to the evidence
or other material on which those findings
were based—
and, subject to section 128A, must do so within
14 days after the application is made or, if the
reviewable decision was made under section
111(3)(a) or 112(1), within 7 days after the
application is made.
(5) If the Authority has not notified an applicant of a
decision in accordance with subsection (4), the
Authority is taken to have made a decision to
affirm the reviewable decision.

138
No. 107 of 2004
(6) An application under this section does not affect

the operation of the reviewable decision or
prevent the taking of any action to implement it
unless the Authority, on its own initiative or on
the application of the applicant for review, stays
the operation of the decision pending the
determination of the review.
(7) The Authority must make a decision on an
application for a stay within 24 hours after the
making of the application.
(8) If the Authority has not made a decision in
accordance with subsection (7), the Authority is
taken to have made a decision to grant a stay.
(9) The Authority may attach any conditions to a stay
of the operation of a reviewable decision that it
considers appropriate.
128A Requests for further information S. 128A
inserted by
No. 10/2022
(1) The Authority may request an applicant under s. 52.
section 128 to provide further information in
relation to the application.
(2) A request under subsection (1) must—
(a) be in writing; and
(b) specify a period (not exceeding 7 days)
during which the applicant may respond; and
(c) indicate that, if the applicant does not
provide the information within the specified
period, the Authority may make a decision
on the application without that information.
(3) If the Authority requests further information under
subsection (1), the period referred to in section
128(4) is suspended until the earlier of the
following—
(a) the applicant has provided all of the
information requested;

139
No. 107 of 2004
(b) the period specified by the Authority in its

most recent request has expired.
129 Review by the Tribunal
(1) A person may apply to the Tribunal for review
of—
(a) a reviewable decision made by the
Authority; or
(b) a decision made, or taken to have been made,
by the Authority under section 128 in respect
of a reviewable decision (including a
decision concerning a stay of the operation
of the reviewable decision)—
if the person is an eligible person in relation to the
reviewable decision.
(2) The application must be made—
(a) if the decision is to forfeit a thing (including
a document) seized under Part 9, within
28 days after the day on which the decision
first came to the applicant's notice; or
(b) in the case of any other decision, within
14 days after the day on which the decision
first came to the applicant's notice; or
(c) if the Authority is required by the Victorian
Civil and Administrative Tribunal Act
1998 to give the applicant a statement of
reasons, within 14 days after the day on
which the applicant is given the statement—
whichever period ends last.

140
No. 107 of 2004
Part 11—Legal proceedings

Division 1—General matters
130 Proceedings may be brought by the Authority or
inspectors
(1) Proceedings for an offence against this Act or the S. 130(1)
amended by
regulations may be brought only by— No. 48/2017
s. 20.
(a) the Authority; or
(b) an inspector with the written authorisation of
the Authority (either generally or in a
particular case).
(2) An authorisation under subsection (1)(b) is S. 130(2)
amended by
sufficient authority to continue proceedings in any No. 68/2009
case where the court amends the charge-sheet, s. 97(Sch.
item 90.25).
warrant or summons.
(3) An inspector who brings proceedings may
conduct the proceedings before the court.
(4) The Authority must issue, and publish in the S. 130(4)
amended by
Government Gazette, general guidelines for No. 48/2017
or with respect to the prosecution of offences s. 20.

(5) Nothing in this section affects the ability of S. 130(5)
amended by
the Director of Public Prosecutions to bring No. 48/2017
proceedings for an indictable offence against s. 20.

131 Procedure if prosecution is not brought
(1) If—
(a) a person considers that the occurrence of an S. 131(1)(a)
amended by
act, matter or thing constitutes an offence No. 48/2017
against this Act or the regulations; and s. 21.

141
No. 107 of 2004
(b) no prosecution has been brought in respect of

the occurrence of the act, matter or thing
within 6 months of that occurrence—
the person may request in writing that the
Authority bring a prosecution.
S. 131(2) (2) If the offence the subject of a request under
amended by
No. 49/2018 subsection (1) is a summary offence, within
s. 22(1)(a). 3 months after the Authority receives a request
it must—
(a) investigate the matter; and
S. 131(2)(b) (b) following the investigation, advise
amended by
No. 49/2018 (in writing) the person whether a
s. 22(1)(b). prosecution has been or will be brought
or give reasons why a prosecution will not
be brought, unless the Authority considers
that giving such advice or reasons will
prejudice the current investigation of an
indictable offence.
S. 131(2A) (2A) If the offence the subject of a request under
inserted by
No. 49/2018 subsection (1) is an indictable offence, the
s. 22(2). Authority must, within 3 months after receiving
the request, report in writing to the person who
made the request, advising that—
(a) the Authority's investigation of the matter
is complete, and—
(i) that a prosecution will be brought; or
(ii) give reasons why a prosecution will
not be brought; or
(b) the Authority's investigation is still ongoing
and that a further report will be given within
3 months after the date of the response, and
after every subsequent 3-month period, until
the investigation is completed.

142
No. 107 of 2004
(2B) If subsection (2A)(b) applies, the Authority must, S. 131(2B)

within each 3-month period, also report to the inserted by
No. 49/2018
Minister as to the progress of the investigation. s. 22(2).
(2C) The Authority must commence and complete S. 131(2C)

inserted by
investigations under this section in as timely a No. 49/2018
manner as is reasonably practicable. s. 22(2).
(3) If the Authority advises the person that a S. 131(3)

amended by
prosecution will not be brought, or that it has No. 49/2018
not brought a prosecution within 9 months s. 22(3).
after receiving the request, the Authority

must refer the matter to the Director of Public
Prosecutions if the person requests (in writing)
that the Authority do so.
(4) The Director of Public Prosecutions must consider
the matter and advise (in writing) the Authority
whether or not the Director considers that a
prosecution should be brought.
(5) The Authority must ensure a copy of the advice is
sent to the person who made the request and, if the
Authority declines to follow advice from the
Director of Public Prosecutions to bring
proceedings, the Authority must give the person
written reasons for its decision.
(6) The Authority must include in its annual report,
and publish on its website, a statement setting
out—
(a) the number of requests received by the
Authority under subsection (1); and
(b) the number of cases in which the Authority S. 131(6)(b)
amended by
has advised under subsection (2)(b) No. 49/2018
or (2A)(a) that a prosecution has been or s. 22(4)(a).
will be brought, or will not brought; and

(ba) how long it took to commence and complete S. 131(6)(ba)
inserted by
each investigation pursuant to a request No. 49/2018
under subsection (1); and s. 22(4)(b).

143
No. 107 of 2004
S. 131(6)(bb) (bb) the number of times the Authority failed to

inserted by report in accordance with subsection (2A) to
No. 49/2018
s. 22(4)(b). a person making a request under subsection
(1) and any reasons for such failure; and
(c) the number of cases in which the Director of
Public Prosecutions has advised under
subsection (4) that a prosecution should be
brought or should not be brought.
S. 131(7) (7) The Authority must provide a copy of any
inserted by
No. 49/2018 statement containing the matters referred
s. 22(5). to in subsection (6)(bb) to the Minister.
S. 132 132 Limitation period for prosecutions
substituted by
No. 48/2017
s. 22.
S. 132(1) (1) Proceedings for an indictable offence against

amended by
No. 50/2019 this Act (other than a workplace manslaughter
s. 5(1). offence) may be brought within the latest of the
following periods to occur—
(a) within 2 years after the offence first comes to
the notice of the Authority;
(b) within one year after a coronial report
was made or a coronial inquiry or inquest
ended, if it appeared from the report or the
proceedings at the inquiry or inquest that an
indictable offence had been committed
against this Act;
(c) if an undertaking has been given under
section 16 in relation to the offence, within
6 months after—
(i) the undertaking is contravened; or
(ii) it comes to the notice of the Authority
that the undertaking has been
contravened; or

144
No. 107 of 2004
(iii) the Authority has agreed under

section 16(2) to the withdrawal of the
undertaking;
(d) at any time with the written authorisation of
the Director of Public Prosecutions.
(2) A proceeding for an indictable offence against this S. 132(2)
amended by
Act (other than a workplace manslaughter No. 50/2019
offence) may be brought after the end of the s. 5(2).
applicable limitation period in subsection (1) if

fresh evidence relevant to the offence is
discovered and the court is satisfied that the
evidence could not reasonably have been
discovered within the relevant limitation period.
(3) A proceeding for a workplace manslaughter S. 132(3)
inserted by
offence may be brought at any time. No. 50/2019
s. 5(3).
(4) In this section— S. 132(4)

inserted by
No. 50/2019
workplace manslaughter offence means— s. 5(3).
(a) an offence against section 39G(1)
or (2);
(b) an offence against section 144(1)
arising in respect of a contravention
against section 39G(1).
133 Judicial notice of Minister's signature etc.
All courts must take judicial notice of the
signature of—
(a) the Minister; or
(b) the chief executive of the Authority S. 133(b)
amended by
(appointed under section 498 of the No. 67/2013
Workplace Injury Rehabilitation and s. 649(Sch. 9
item 25(6)).
Compensation Act 2013); or

145
No. 107 of 2004
(c) the Chair of the Authority's Board of

Management—
on each document authorised or required to be
signed by the Minister, chief executive or Chair
(as the case may be) for the purposes of this Act
or the regulations.
134 Evidence of certain matters
In proceedings for an offence against this Act or
the regulations—
(a) it is sufficient to allege that any place,
whether or not in a building or structure, is a
workplace within the meaning of this Act
without further allegation; and
(b) if the age of a person is material and there is
insufficient evidence of the person's actual
age, the court may have regard to his or her
apparent age.
Division 2—Sentencing for offences

135 Adverse publicity orders
(1) If a court convicts a person, or finds a person
guilty, of an offence against this Act or the
regulations the court may make an order (an
adverse publicity order) in relation to the offender
requiring the offender—
(a) to take either or both of the following actions
within the period specified in the order—
(i) to publicise, in the way specified in the
order, the offence, its consequences, the
penalty imposed and any other related
matter;
(ii) to notify a specified person or specified
class of persons, in the way specified in
the order, of the offence, its

146
No. 107 of 2004
consequences, the penalty imposed and

any other related matter; and
(b) to give the Authority, within 7 days after the
end of the period specified in the order,
evidence that the action or actions were
taken by the offender in accordance with the
order.
(2) The court may make an adverse publicity order on
its own initiative or on the application of the
prosecutor.
(3) If the offender fails to give evidence to the
Authority in accordance with subsection (1)(b),
the Authority, or a person authorised in writing by
the Authority, may take the action or actions
specified in the order.
(4) However, if—
(a) the offender gives evidence to the Authority
in accordance with subsection (1)(b); and
(b) despite that evidence, the Authority is not
satisfied that the offender has taken the
action or actions specified in the order in
accordance with the order—
the Authority may apply to the court for an order
authorising the Authority, or a person authorised
in writing by the Authority, to take the action or
actions.
(5) If the Authority or a person authorised in writing
by the Authority takes an action or actions in
accordance with subsection (3) or an order under
subsection (4), the Authority is entitled to recover
from the offender, by action in a court of
competent jurisdiction, an amount in respect of
the reasonable expenses of taking the action or
actions as a debt due to the Authority.

147
No. 107 of 2004
(6) The court must not make an adverse publicity

order unless it is satisfied that the costs of
complying with the order do not exceed the
maximum penalty amount that the court may
impose on the offender for the offence concerned.
(7) The court may make an adverse publicity order in
relation to an offender in addition to or instead
of—
(a) imposing a penalty on the offender; or
(b) making any other order that the court may
make in relation to the offence.
136 Orders to undertake improvement projects
guilty of an offence against this Act or the
regulations the court may make an order requiring
the offender to undertake a specified project for
the general improvement of occupational health,
safety and welfare within the period specified in
the order.
(2) The order may specify conditions that must be
complied with in undertaking the specified
project.
(3) The court must not make an order under this
section unless it is satisfied that the costs of
complying with the order do not exceed the
maximum penalty amount that the court may
impose on the offender for the offence concerned.
(4) The court may make an order under this section in
of—

148
No. 107 of 2004
137 Release on the giving of a health and safety

undertaking
guilty of an offence against this Act or the
regulations the court may (with or without
recording a conviction) adjourn the proceeding for
a period of up to 2 years and make an order for the
release of the offender on the offender giving an
undertaking with specified conditions.
(2) An undertaking must specify the following
conditions—
(a) that the offender attends before the court if S. 137(2)(a)
amended by
called on to do so during the period of the No. 68/2009
adjournment and, if the court so specifies, at s. 97(Sch.
item 90.26).
the time to which the further hearing is
adjourned;
(b) that the offender does not commit, during S. 137(2)(b)
amended by
the period of the adjournment, any offence Nos 66/2008
against this Act, the regulations, the s. 32(2),
48/2017 s. 23.
Equipment (Public Safety) Act 1994
or the Dangerous Goods Act 1985 or
regulations made under those Acts;
(c) that the offender observes any special
conditions imposed by the court.
(3) Without limiting subsection (2)(c), the court may
impose on an offender who is an employer special
conditions that the offender—
(a) engage a consultant, who is approved in
writing by the Authority, to advise on or
assist with occupational health and safety
matters; and
(b) develop and implement a systematic
approach to managing risks to health or
safety that arise or may arise in the conduct
of the offender's undertaking; and

149
No. 107 of 2004
(c) arrange for the carrying out of an audit of the

offender's undertaking in relation to health
and safety by an independent person who is
approved in writing by the Authority.
S. 137(4) (4) An offender who has given an undertaking under
amended by
No. 68/2009 this section may be called on to attend before the
s. 97(Sch. court—
item 90.27).
(a) by order of the court; or
(b) by notice issued by the proper officer
(within the meaning of section 72(4) of the
Sentencing Act 1991) of the court.
S. 137(5) (5) An order or notice under subsection (4) must be
amended by
No. 68/2009 served on the offender not less than 4 days before
s. 97(Sch. the time specified in it for the attendance.
item 90.28).
(6) If the court is satisfied at the time to which a

further hearing of a proceeding is adjourned that
the offender has observed the conditions of the
undertaking, it must discharge the offender
without any further hearing of the proceeding.
(7) The court may make an order under this section in
of—

150
No. 107 of 2004
138 Variation or contravention of orders under S. 138

section 137 (Heading)
amended by
Section 78 and Divisions 1 and 2 of Part 3C of the No. 65/2011
s. 107(Sch.
Sentencing Act 1991 (and any definitions in that item 10.1).
Act of terms used in that section or Divisions 1 S. 138
amended by
and 2 of that Part) apply to an order under Nos 65/2011
section 137 of this Act for the release of an s. 107(Sch.
items 10.2,
offender as though they were incorporated into 10.3), 32/2013
this Act and as though— s. 44, 21/2015
s. 3(Sch. 1
(a) a reference to Subdivision (2) or (3) were item 36).
instead a reference to section 137 of this Act;
and
(ab) a reference to section 72 or 75 were a S. 138(ab)
inserted by
reference to section 137; and No. 65/2011
s. 107(Sch.
item 10.4).
(b) a reference to a prescribed person, a member

of a prescribed class of persons, the
informant or a police prosecutor were instead
a reference to the Authority; and
(c) the reference in section 83AC of the S. 138(c)
amended by
Sentencing Act 1991 to a level 10 fine were No. 65/2011
instead a reference to a fine not exceeding s. 107(Sch.
item 10.5).
10 penalty units for a natural person or
50 penalty units for a body corporate; and
(d) any other necessary modifications were
made.
Division 3—Infringement notices

139 Infringement notices
(1) The regulations may provide that a person may
be served with an infringement notice as an
alternative to a prosecution for an offence
(other than an indictable offence) against this
Act or the regulations that is prescribed by the
regulations for the purposes of this section.

151
No. 107 of 2004
S. 139(1A) (1A) An offence referred to in subsection (1) for which

inserted by an infringement notice may be served is an
No. 32/2006
s. 94(Sch. infringement offence within the meaning of the
item 36(1)). Infringements Act 2006.
S. 139(1B) (1B) For the purposes of subsection (1), an
inserted by
No. 36/2021 infringement notice for an offence referred to in
s. 19. subsection (1) may be served in a manner
specified in section 115(1) or (1A).
Note
Section 12 of the Infringements Act 2006 contains further
provisions regarding service of infringement notices.
S. 139(1C) (1C) Section 8(1) and (2) of the Electronic
inserted by
No. 36/2021 Transactions (Victoria) Act 2000 do not apply to
s. 19. service of an infringement notice by electronic
communication in a manner specified in section
115(1) or (1A).
(2) An infringement notice must specify a penalty for
the alleged offence that does not exceed the lesser
of—
(a) 10 penalty units; or
(b) one fifth of the maximum penalty that could
be imposed by a court for the offence.
S. 139(3) (3) The regulations must prescribe the person or class
substituted by
No. 32/2006 of persons who may issue infringement notices.
s. 94(Sch.
item 36(2)).
S. 139(4) (4) Despite anything to the contrary in the Fines

repealed by
No. 32/2006 Reform Act 2014, any amount recovered in
s. 94(Sch. relation to an offence referred to in subsection (1)
item 36(3)),
new s. 139(4) must be paid into the WorkCover Authority Fund,
inserted by unless regulations made under the Workplace
No. 10/2022
s. 53. Injury Rehabilitation and Compensation
Act 2013 expressly provide otherwise.

152
No. 107 of 2004
* * * * * Ss 140–142
repealed by
No. 32/2006
s. 94(Sch.
item 36(3)).
Division 4—Offences by bodies corporate

143 Imputing conduct to bodies corporate
For the purposes of this Act and the regulations,
any conduct engaged in on behalf of a body
corporate by an employee, agent or officer
(within the meaning given by section 9 of the
Corporations Act) of the body corporate acting
within the actual or apparent scope of his or her
employment, or within his or her actual or
apparent authority, is conduct also engaged in by
the body corporate.
144 Liability of officers of bodies corporate
(1) If a body corporate (including a body corporate S. 144(1)
amended by
representing the Crown) contravenes a provision No. 50/2019
of this Act or the regulations and the s. 6.
contravention is attributable to an officer of the

body corporate failing to take reasonable care, the
officer is guilty of an offence and liable to—
(a) if the provision contravened was
section 39G(1), a fine not exceeding
10 000 penalty units; or
(b) otherwise, a fine not exceeding the
maximum fine for an offence constituted by
a contravention by a natural person of the
provision contravened by the body corporate.
(2) An offence against subsection (1) is summary or
indictable in nature according to whether the
offence constituted by the contravention by the
body corporate is summary or indictable.

153
No. 107 of 2004
(3) In determining whether an officer of a body

corporate is guilty of an offence, regard must be
had to—
(a) what the officer knew about the matter
concerned; and
(b) the extent of the officer's ability to make, or
participate in the making of, decisions that
affect the body corporate in relation to the
matter concerned; and
(c) whether the contravention by the body
corporate is also attributable to an act or
omission of any other person; and
(d) any other relevant matter.
(4) An officer of a body corporate may be convicted
or found guilty of an offence in accordance with
subsection (1) whether or not the body corporate
has been convicted or found guilty of the offence
committed by it.
(5) An officer of a body corporate (including a body
corporate representing the Crown) who is a
volunteer is not liable to be prosecuted under this
section for anything done or not done by him or
her as a volunteer.
Notes
1 Officer of a body corporate includes a person who
makes or participates in the making of decisions that
affect the whole or a substantial part of the body
corporate's business and a person who has the capacity
to affect significantly the body corporate's financial
standing (see section 5).
2 For volunteer, see section 5.
Division 5—Offences by partnerships and

unincorporated bodies or associations
145 Liability of officers of partnerships and
unincorporated bodies or associations

154
No. 107 of 2004
(1) Subject to subsection (2), if—

(a) this Act or the regulations imposes a duty on S. 145(1)(a)
amended by
a person or provides that a person is guilty of No. 48/2017
an offence; and s. 24.
(b) the person is a partnership or an

(including a partnership or an unincorporated
body or association representing the
Crown)—
the reference to the person is taken to be instead a
reference to each officer of the partnership, body
or association (as the case may be).
(2) If an offence against this Act or the regulations is S. 145(2)
amended by
committed by an officer of a partnership or an No. 48/2017
unincorporated body or association because of the s. 24.
effect of subsection (1), the officer is only guilty

of the offence if the commission of the offence is
attributable to the officer failing to take reasonable
care.
(3) The penalty to which an officer of a partnership or S. 145(3)
substituted by
an unincorporated body or association is liable for No. 50/2019
an offence committed by the officer because of s. 7.
the effect of subsection (1) is—

(a) if the offence is against section 39G(1), a
fine not exceeding 10 000 penalty units; or
(b) otherwise, a fine not exceeding the
maximum fine that could be imposed by a
court on a natural person found guilty of the
same offence committed at the same time
(otherwise than because of the effect of
subsection (1)).
(4) In determining whether an officer of a partnership
or unincorporated body or association is guilty of
an offence, regard must be had to—

155
No. 107 of 2004
(a) what the officer knew about the matter

concerned; and
(b) the extent of the officer's ability to make, or
participate in the making of, decisions that
affect the partnership, body or association in
relation to the matter concerned; and
(c) whether the commission of the offence is
also attributable to an act or omission of any
other person; and
(d) any other relevant matter.
(5) An officer of a partnership or unincorporated body
or association who is a volunteer is not liable to be
prosecuted under this section for anything done or
not done by him or her as a volunteer.
Notes
1 Officer of a partnership or unincorporated body or
association includes a person who makes or
participates in the making of decisions that affect the
whole or a substantial part of the business of the
partnership, body or association and a person who has
the capacity to affect significantly the financial
standing of the partnership, body or association
(see section 5).
2 For volunteer, see section 5.
Division 6—Proceedings against the Crown

146 Responsible agency for the Crown
(1) If the Crown is to be served with an infringement
notice, or proceedings are brought against the
Crown, for an offence against this Act or the
regulations the responsible agency in respect of
the offence may be specified in the infringement
notice or any document initiating, or relating to,
the proceedings (as the case may be).
(2) In this section, the responsible agency in respect
of an offence is the agency of the Crown—

156
No. 107 of 2004
(a) whose acts or omissions are alleged to

constitute the offence; or
(b) if that agency has ceased to exist, that is the
successor of that agency; or
(c) if that agency has ceased to exist and there is
no clear successor, that the court declares to
be the responsible agency.
(3) The responsible agency in respect of an offence is
entitled to act in proceedings against the Crown
for the offence and, subject to any relevant rules
of court, the procedural rights and obligations of
the Crown as the accused in the proceedings are
conferred or imposed on the responsible agency.
(4) The person prosecuting the offence may change
the responsible agency during the proceedings
with the court's leave.
147 Infringement and other notices may be issued to the
Crown
(1) The Crown in any capacity may be issued with an
infringement notice for an offence against this Act
or the regulations.
Note
For infringement notices generally, see Division 3.
(2) If a notice is to be issued to the Crown under
Division 5 of Part 7 or Division 8 of Part 9 by a
health and safety representative or inspector, the
notice may be issued to the agency of the Crown
that would be the responsible agency under
section 146 if the Crown were prosecuted for an
offence of contravening the notice.
148 Proceedings against successors to public bodies
(1) In this section, public body means—
(a) a body corporate representing the Crown; or

157
No. 107 of 2004
(b) a State owned enterprise or reorganising

body (within the meaning of the State
Owned Enterprises Act 1992); or
S. 148(1)(c) (c) a Council (within the meaning of the Local
amended by
No. 9/2020 Government Act 2020); or
s. 390(Sch. 1
item 74).
(d) a public entity (within the meaning of the

Public Administration Act 2004).
(2) Proceedings for an offence against this Act or the
regulations that were instituted against a public
body before its dissolution, or that could have
been instituted against a public body if not for its
dissolution, may be continued or instituted against
its successor if the successor is a public body.
(3) An infringement notice served on a public body
for an offence against this Act or the regulations is
taken to be an infringement notice served on its
successor if the successor is a public body.
(4) Similarly, any penalty paid by a public body in
respect of an infringement notice is taken to be a
penalty paid by its successor if the successor is a
public body.

158
No. 107 of 2004
Part 11A—Insurance and indemnity for pecuniary penalties prohibited
Part 11A—Insurance and indemnity for Pt 11A

(Heading and
pecuniary penalties prohibited s. 148A)
inserted by
No. 36/2021
s. 7.
148A Certain insurance and indemnity arrangements void S. 148A

inserted by
No. 36/2021
A term of a contract or other arrangement that s. 7.
purports to insure or indemnify a person for the
person's liability to pay a pecuniary penalty under
this Act or the regulations is void to the extent that
the term provides for that insurance or indemnity.
148B Prohibition on insurance and indemnity for S. 148B
inserted by
pecuniary penalties No. 36/2021
s. 8.
(1) A person must not—
(a) enter into or be a party to a contract or other
arrangement that purports to insure or
indemnify the person for the person's
liability to pay a pecuniary penalty under this
Act or the regulations; or
(b) enter into, offer to enter into or be a party to
a contract or other arrangement that purports
to insure or indemnify another person for
that other person's liability to pay a
pecuniary penalty under this Act or the
regulations.
(2) A person does not commit an offence against
subsection (1) if the person has a reasonable
excuse for entering into, offering to enter into or
being a party to the contract or other arrangement.

159
No. 107 of 2004
Part 11A—Insurance and indemnity for pecuniary penalties prohibited
(3) A person must not receive a benefit under a term

of a contract or other arrangement that is a term
which purports to insure or indemnify the person
for the person's liability for a pecuniary penalty
(4) A person must not provide a benefit to another
person under a term of a contract or other
arrangement that is a term which purports to
insure or indemnify that other person for that
person's liability for a pecuniary penalty under this
Act or the regulations.
(5) An offence against subsection (1), (3) or (4) is an
indictable offence.
Note
Act 2009).

160
No. 107 of 2004
Part 12—Compliance codes

149 Compliance codes
(1) For the purpose of providing practical guidance to
persons who have duties or obligations under this
Act or the regulations, the Minister may make an
order approving a compliance code.
(2) A compliance code may apply, adopt or
incorporate any matter contained in a document
formulated, issued or published by a person or
body whether—
(a) with or without modification; or
(b) as in force at a particular time or from time
to time.
(3) The Minister may make an order approving the
variation of a compliance code or revoking the
approval of a compliance code.
(4) An order approving a compliance code, or a
variation or revocation order, takes effect when
notice of it is published in the Government
Gazette or on such later date as is specified in the
order.
Note
The Minister's power to make an order approving a
compliance code, or a variation order, is subject to
disallowance by the Parliament (see section 151).
(5) As soon as practicable after making an order
approving a compliance code, or a variation or
revocation order, the Minister must ensure that
notice of the making of the order is published in
the Government Gazette and a newspaper

161
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(6) The Minister must ensure that a copy of—

(a) each compliance code that is currently
approved; and
(b) each document applied, adopted or
incorporated (to any extent) by a compliance
code—
is available for inspection by members of the
public without charge at the office of the
Authority during normal business hours.
150 Effect of compliance codes
A failure to comply with a compliance code does
not give rise to any civil or criminal liability.
Note
A person who complies with a compliance code may,
however, be taken to have complied with this Act
(see section 152).
151 Disallowance of certain compliance code orders
(1) The Minister's power to make an order approving
a compliance code, or a variation order, under
section 149 is subject to the order being
disallowed by the Parliament.
(2) Section 15 and Part 5 of the Subordinate
Legislation Act 1994 apply for the purposes of
subsection (1) as though—
(a) an order were a statutory rule (within the
meaning of that Act); and
(b) notice of the making of the statutory rule had
been published in the Government Gazette
when notice of the order or variation order
(as the case may be) was published in the
Government Gazette.

162
No. 107 of 2004
Part 13—Other matters

151A Contributions by non-WorkCover employers to the S. 151A
WorkCover Authority Fund inserted by
No. 28/2005
s. 29.
(1) The Authority must determine the amount of S. 151A(1)

amended by
contributions payable into the WorkCover No. 67/2013
Authority Fund under section 513 of the s. 649(Sch. 9
item 25(7)(a)).
Workplace Injury Rehabilitation and
Compensation Act 2013 by non-WorkCover
employers to be applied towards the costs and
expenses incurred by the Authority for the
provision of occupational health, safety and
welfare regulation and related education and
prevention services.
(2) The amount is to be determined in accordance S. 151A(2)
amended by
with the formula— No. 67/2013
s. 649
 [C − (D + E + F)]  G —
A (Sch. 9 item
25(7)(b)–(e)).
B
where—
"A" is the rateable remuneration paid or payable
by the non-WorkCover employer during the
preceding financial year calculated as if the
non-WorkCover employer were an employer
liable to pay a premium under the
Compensation Act 2013;
"B" is the sum of the total rateable remuneration
paid or payable—
(i) by all employers liable to pay a
premium under the Workplace Injury
Rehabilitation and Compensation
Act 2013 during the preceding financial
year; and

163
No. 107 of 2004
(ii) by all self-insurers calculated as if each

self-insurer were an employer liable to
pay a premium under the Workplace
Injury Rehabilitation and
Compensation Act 2013 during the
preceding financial year; and
(iii) by all non-WorkCover employers
calculated as if each non-WorkCover
employer were an employer liable to
pay a premium under the Workplace
Injury Rehabilitation and
Compensation Act 2013 during the
preceding financial year;
"C" is the sum of—
(i) the total of the costs incurred by the
Authority in the preceding quarter
referred to in paragraphs (b), (c), (e), (f)
and (k) of section 513(5) of the
Compensation Act 2013; and
(ii) the costs incurred by the Authority in
the preceding quarter in the
administration of Divisions 2 and 3 of
Part 6 of the Workplace Injury
Rehabilitation and Compensation
Act 2013;
"D" is the sum of the costs incurred by the
Authority during the preceding quarter,
being the costs—
(i) referred to in section 513(5)(b) of the
Compensation Act 2013; and
(ii) the costs incurred in the administration
of Divisions 2 and 3 of Part 11 of the
Compensation Act 2013;

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No. 107 of 2004
"E" is, subject to any adjustment in accordance

with subsection (3), the sum of the costs
incurred by the Authority in the preceding
quarter related to—
(i) the operation and management of its
rehabilitation, compensation and
insurance functions;
(ii) the administration, operation,
management and maintenance of the
Authority's central computer network
used by authorised agents;
(iii) actuarial services provided to the
Authority;
(iv) the administration and support of the
operation and management of its
rehabilitation, compensation and
insurance functions (other than costs
referred to in subparagraphs (ii)
and (iii));
"F" is the sum of the costs, including the
administration costs, incurred by the
Authority in the preceding quarter directly
related to the administration and support of
public safety activities and operations;
"G" is 60% or, if another percentage, not
exceeding 100%, is prescribed by the
regulations for the purposes of this section,
the prescribed percentage.
(3) The costs referred to in "E" in subsection (2) are
to be assessed for each quarter and, following the
annual audit of the Authority's financial
statements, any necessary adjustments made to the
total of "E" in the next quarterly contribution
payable.

165
No. 107 of 2004
(4) The contribution by a non-WorkCover

employer—
(a) is payable on 1 August, 1 November,
1 February and 1 May in each year; and
(b) must be paid within 14 days of the due date.
(5) If a contribution is not paid by the due date, the
amount of the contribution together with interest
at the prescribed rate and a surcharge of $100 per
day until the contribution is paid may be
recovered by the Authority as a civil debt
recoverable summarily.
(6) A non-WorkCover employer must at the intervals
specified by the Authority submit to the
Authority—
(a) a return in the form approved by the
Authority; and
(b) a statutory declaration in support of the
information provided in the return—
to enable the Authority to determine the amount
of contributions payable.
(7) A non-WorkCover employer who fails to comply
with subsection (6) is guilty of an offence against
this Act and liable to a penalty for each day during
which the default continues of—
(a) 1 penalty unit in the case of a natural person;
(b) 5 penalty units in the case of a body
corporate.

166
No. 107 of 2004
151B Provision of return by non-WorkCover employers S. 151B

inserted by
(1) The Authority must issue instructions specifying No. 28/2005
the information relating to— s. 29.
(a) employment; and

(b) occupational health, safety and welfare
matters—
required to be provided by a non-WorkCover
employer at the intervals specified by the
Authority for the purposes of this section.
(2) A non-WorkCover employer must within the
period of 30 days after the end of each specified
interval submit to the Authority a return in the
form approved by the Authority containing the
information required by the instructions issued
under subsection (1).
corporate.
151C Authority may require non-WorkCover employer to S. 151C
inserted by
provide further information No. 28/2005
s. 29.
(1) The Authority may by notice in writing require a
non-WorkCover employer to provide to the
Authority or a person specified in the notice
information which the Authority considers is
reasonably required for the purposes of this Act in
respect of any activity as an employer or an
occupational health, safety and welfare matter as
is specified in the notice.

167
No. 107 of 2004
(2) A non-WorkCover employer must comply with a

notice received under subsection (1) within the
period of 30 days after the notice is received or
within any further period as may be agreed
between the Authority and the non-WorkCover
employer.
corporate.
S. 151D 151D Authority may require information from non-
inserted by
No. 28/2005 WorkCover employers
s. 29.
non-WorkCover employer to provide to the
Authority within 30 days of the date of the notice
such information as the Authority considers is
reasonably required for the purposes of this Act as
to the means by which data relating to any of its
activities as an employer is collected, collated,
stored or retrieved.
employer.

168
No. 107 of 2004

corporate.
151E Authority may require non-WorkCover employer to S. 151E
inserted by
facilitate the provision of information No. 28/2005
s. 29.
non-WorkCover employer to make any changes to
the manner in which the non-WorkCover
employer collects, collates, stores, retrieves or
transfers data as are reasonably necessary to
enable the non-WorkCover employer to comply
with sections 151A, 151B and 151C.
employer.
corporate.
151F Application of sections 151A to 151E S. 151F
inserted by
No. 28/2005
Sections 151A to 151E apply in relation to a non- s. 29.
WorkCover employer as from the end of, and in
respect of, the first full month after the exit date.

169
No. 107 of 2004
152 Effect of compliance with regulations or compliance

codes
If—
(a) the regulations or a compliance code make
provision for or with respect to a duty or
obligation imposed by this Act or the
regulations; and
(b) a person complies with the regulations or
compliance code to the extent that it makes
that provision—
the person is, for the purposes of this Act and the
regulations, taken to have complied with this Act
or the regulations in relation to that duty or
obligation.
153 Offence to give false or misleading information
(1) A person must not give information in complying
or purportedly complying with this Act or the
regulations that the person knows to be false or
misleading in a material particular.
(2) A person must not produce a document in
complying or purportedly complying with this Act
or the regulations that the person knows to be
false or misleading in a material particular
without—
(a) indicating the respect in which it is false or
misleading; and
(b) if practicable, providing correct information.

170
No. 107 of 2004
(3) An offence against subsection (1) or (2) is an S. 153(3)

indictable offence. inserted by
No. 48/2017
Note s. 25.

Act 2009).
154 Protection against self-incrimination
(1) A natural person may refuse or fail to give
information or do any other thing that the person
is required to do by or under this Act or the
regulations if giving the information or doing the
other thing would tend to incriminate the person.
(2) However, subsection (1) does not apply to—
(a) the production of a document or part of a
document that the person is required by this
Act or the regulations to produce; or
(b) the giving of a person's name or address in
accordance with section 119.
155 Legal professional privilege and client legal privilege S. 155
(Heading)
not affected amended by
No. 69/2009
s. 54(Sch. Pt 1
item 40.2).
Nothing in this Act or the regulations—

(a) entitles or requires a person to disclose S. 155(a)
amended by
information that is the subject of legal No. 69/2009
professional privilege or client legal s. 54(Sch. Pt 1
item 40.3).
privilege; or
(b) affects the law or practice relating to legal S. 155(b)
amended by
professional privilege or client legal No. 69/2009
privilege. s. 54(Sch. Pt 1
item 40.3).

171
No. 107 of 2004
156 Delegation by the Minister

(1) The Minister may, in writing, delegate to any
person all or any of his or her functions or powers
under this Act or the regulations (other than this
power of delegation).
(2) In the performance of a delegated function or
exercise of a delegated power the delegate is
subject to the Minister's directions.
S. 157 157 Responsibility for activities carried out under the
(Heading)
amended by Offshore Petroleum and Greenhouse Gas Storage
No. 10/2010 Act
s. 800(Sch. 6
item 10.1).
S. 157(1) (1) In this section, relevant Minister means the

amended by
No. 10/2010 Minister for the time being administering the
s. 800(Sch. 6 Offshore Petroleum and Greenhouse Gas
item 10.2).
Storage Act 2010.
(2) Despite anything to the contrary in this Act but
subject to subsection (4), the relevant Minister—
S. 157(2)(a) (a) has direct and primary concern and
amended by
No. 10/2010 responsibility for the administration of this
s. 800(Sch. 6 Act with respect to activities carried out
item 10.3).
under the Offshore Petroleum and
Greenhouse Gas Storage Act 2006 of the
Commonwealth or the Offshore Petroleum
and Greenhouse Gas Storage Act 2010;
and
(b) may exercise for that purpose all the powers
and functions of the Minister or Authority
(3) For the purposes only of subsection (2), this
section applies as if a reference in this Act or the
regulations—
(a) to the Minister were a reference to the
relevant Minister; and

172
No. 107 of 2004
(b) to the Authority were a reference to the

Secretary to the Department of Primary
Industries; and
(c) to an officer or employee of the Authority
were a reference to a person employed under
Part 3 of the Public Administration Act
2004 by the Department Head (within the
meaning of that Act) of the Department of
Primary Industries.
(4) Subsection (2) does not apply to any power,
function or responsibility of the Minister relating
to compliance codes or to the making of
regulations.
158 Regulations
(1) The Governor in Council may make regulations
for or with respect to the following—
(a) the way in which duties or obligations
imposed by this Act or the regulations are
performed;
(b) regulating or prohibiting specified activities
or a specified class of activities—
(i) at workplaces or a specified class of
workplaces; or
(ii) by a specified class of persons on
whom duties or obligations are imposed
by this Act—
to eliminate or reduce risks to health or
safety;
(c) prescribing any matters with respect to S. 158(1)(c)
amended by
licensing, registration, qualifications, permits No. 41/2016
or certificates of competency referred to in s. 6.
Part 6 (including providing for exemptions,

the authorisation of persons as trainers and
assessors and the examination of applicants

173
No. 107 of 2004
for licences, permits or certificates of

competency);
(d) prescribing (whether or not by reference to
Part 10) the circumstances and way in which
a decision made under the regulations with
respect to a licence, registration,
qualifications, permit or certificate of
competency referred to in Part 6 may be
reviewed;
(e) regulating or requiring the taking of any
action to avoid an incident at a workplace or
in the course of conducting an undertaking of
an employer or self-employed person;
(f) regulating, requiring or prohibiting the
taking of any action in the event of an
incident at a workplace or in the course of
conducting an undertaking of an employer or
self-employed person;
(g) regulating or requiring—
(i) the examination, testing, maintenance
or repair of plant; or
(ii) the examination, testing, analysis or
labelling of any substance;
(h) regulating or requiring the provision and use
of protective clothing or equipment, or
rescue equipment, in prescribed
circumstances;
(i) prescribing standards relating to the use of or
exposure to any physical, biological,
chemical or psychological hazard;
(j) regulating or requiring the provision by
employers of prescribed facilities for the
welfare of persons at the workplace;

174
No. 107 of 2004
(k) requiring records of prescribed activities,

matters or things to be kept by prescribed
persons;
(l) requiring notice of prescribed activities,
matters or things to be given to the
Authority, an inspector or other prescribed
person;
(m) prescribing exemptions of specified persons
or specified classes of persons from
complying with any of the regulations on the
terms and conditions (if any) prescribed;
(n) allowing the Authority to provide
exemptions from complying with any of the
regulations on the terms and conditions (if
any) prescribed or, if the regulations allow,
on the terms and conditions (if any)
determined by the Authority;
(o) prescribing fees for doing any act or
providing any service for the purposes of this
Act or the regulations and prescribing the
circumstances and way in which fees are to
be refunded;
(p) prescribing a penalty for any contravention
of the regulations not exceeding—
(i) 100 penalty units for a natural person;
and
(ii) 500 penalty units for a body corporate,
or 5 times the penalty prescribed for
such a contravention by a natural
person, whichever is the lesser;
(q) any other matter or thing required or
permitted by this Act to be prescribed or that
is necessary to be prescribed to give effect to
this Act.

175
No. 107 of 2004
(2) The regulations may—

(a) be of general or limited application; or
(b) differ according to differences in time, place
or circumstance; or
(c) leave any matter or thing to be, from time to
time, determined, applied or approved by the
Authority, an inspector or any other
prescribed person or body of persons; or
(d) apply, adopt or incorporate any matter
contained in any document formulated,
issued or published by a person or body
whether—
(i) with or without modification; or
(ii) as in force at a particular time or from
time to time.

176
No. 107 of 2004
Part 14—Repeal of old Act and transitional provisions
Part 14—Repeal of old Act and

transitional provisions
Division 1—Repeal of Occupational Health and
Safety Act 1985
159 Repeal
The Occupational Health and Safety Act 1985
is repealed.
Division 2—Transitional provisions

160 Definition of old Act
In this Division, old Act means the Occupational
Health and Safety Act 1985.
161 No effect on Interpretation of Legislation Act 1984
Nothing in this Part limits or otherwise affects the
operation of the Interpretation of Legislation
Act 1984.
162 Limitation on duties of designers of buildings or
structures
The duties imposed by section 28 on a person who
designs all or part of a building or structure do not
apply in respect of any part of a building or
structure the design of which is started before that
section commences.
163 Continuation of designated work groups
A designated work group that was determined
under the old Act and in existence immediately
before the commencement of Part 7 of this Act is,
on and after that commencement, taken to be a
designated work group established under
Division 1 of that Part.

177
No. 107 of 2004
164 Continuation of health and safety representatives

(1) A person who, immediately before the
commencement of Part 7 of this Act, was a health
and safety representative for a designated work
group under section 30 of the old Act continues,
on and after that commencement, as a health and
safety representative for that designated work
group for the purposes of this Act and the
regulations until the earlier of—
(a) 3 years after that commencement; or
(b) the person ceases to hold office because of
section 55(2) of this Act.
(2) Despite the repeal of the old Act, the duty
imposed by section 31(2)(c) of the old Act on an
employer continues in existence on and after that
commencement until the commencement of Part 4
of this Act as though the old Act had not been
repealed.
(3) For the purposes of subsection (2), any other
provision of the old Act (including, but not limited
to, Part VII) necessary to give effect to the
provision continued in existence by force of that
subsection also continues to apply in relation to
that provision until the commencement of Part 4
of this Act.
165 Continuation of health and safety committees
A health and safety committee that was
established under section 37 of the old Act and in
existence immediately before the commencement
of Part 7 of this Act is, on and after that
commencement, taken to be a health and safety
committee established under that Part.

178
No. 107 of 2004
166 Continuation of inspectors

(1) A person who, immediately before the
commencement of Part 9 of this Act, held office
as an inspector under Part 5 of the old Act is, on
and after that commencement, taken to be an
inspector appointed under this Act.
(2) A certificate of appointment or identification card
that was issued to such a person under section 38
of the old Act is, on and after the commencement
of Part 9 of this Act, taken to be a certificate of
appointment issued to the person under section 95
of this Act or an identity card issued to the person
under section 96 of this Act (as the case may be).
167 Inspectors' powers relating to offences committed
before commencement
The powers of an inspector under Part 9 of this
Act (including the powers to issue notices under
Division 8 of that Part) and any limitations or
conditions on those powers apply, on and after the
commencement of that Part, as though a reference
in that Part to—
(a) a contravention of a provision of this Act or
the regulations included a reference to a
contravention of the old Act or the
regulations under the old Act; and
(b) an offence against this Act or the regulations
included a reference to an offence against the
old Act or the regulations under the old Act.
168 Use of codes of practice in proceedings
Despite the repeal of the old Act, section 56 of
that Act continues to apply, on and after that
repeal, to proceedings for an offence against the
old Act or the regulations under the old Act.

179
No. 107 of 2004
169 Treatment of improvement notices, prohibition

notices and certain directions
(1) An improvement notice issued under section 43 of
the old Act or prohibition notice issued under
section 44 of the old Act, that was in force
immediately before the commencement of Part 9
of this Act is, on and after that commencement,
taken to be an improvement notice or prohibition
notice (as the case may be) issued under that Part
and may be varied or cancelled accordingly.
(2) A direction issued by an inspector under
section 39(1)(j) of the old Act that has effect
of this Act continues, on and after that
commencement, to have that effect subject to any
limitations or conditions that applied immediately
before the commencement.
170 Things done under the old Act
(a) a licence or certificate issued; or
(b) a registration or notification effected; or
(c) an exemption granted; or
(d) any other thing done—
under or for the purposes of the old Act or the
regulations under the old Act, that has effect
of this Act.
(2) If, on that commencement, there is a provision in
this Act or the regulations that requires or allows a
corresponding thing to be done, the thing—
(a) is taken to have been done, on and after that
commencement, under or for the purposes of
that provision; and

180
No. 107 of 2004
(b) is subject to any limitations or conditions

that applied immediately before that
commencement.
(3) This section has effect subject to anything to the
contrary in this Division or this Act.
171 Proceedings 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.
172 Continuation 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.
Statutory
Item Title rule number
1. Occupational Health and Safety (Certification of 108/1994
Plant Users and Operators) Regulations 1994
2. Occupational Health and Safety (Confined Spaces) 148/1996
Regulations 1996
3. Occupational Health and Safety (Hazardous 143/1999
Substances) Regulations 1999
4. Occupational Health and Safety (Issue Resolution) 94/1999
Regulations 1999
5. Occupational Health and Safety (Lead) Regulations 62/2000
2000
6. Occupational Health and Safety (Manual Handling) 84/1999
Regulations 1999

181
No. 107 of 2004
Statutory
Item Title rule number
7. Occupational Health and Safety (Mines) 104/2002
Regulations 2002
8. Occupational Health and Safety (Noise) 10/2004
Regulations 2004
9. Occupational Health and Safety (Plant) Regulations 81/1995
1995
10. Occupational Health and Safety (Prevention of 121/2003
Falls) Regulations 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.
173 Occupational 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—
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

182
No. 107 of 2004
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.
174 Occupational 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—
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.

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No. 107 of 2004
175 Offences 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.
176 Regulations 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.
New s. 177 177 Proceedings for contravention of section 78A or 78C
inserted by
No. 34/2009
s. 7.
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.

184
No. 107 of 2004
Part 15—Transitional provisions
Part 15—Transitional provisions Part 15

(Heading and
ss 177–186)
Division 1—WorkSafe Legislation amended by
No. 31/2005
Amendment Act 2017 s. 38,
repealed by
No. 28/2007
s. 3(Sch.
item 48),
new Pt 15
(Headings
and new
ss 178–186)
inserted by
No. 48/2017
s. 26.
178 Definitions New s. 178

inserted by
No. 48/2017
In this Division— s. 26.
amending Act means the WorkSafe Legislation
Amendment Act 2017.
179 Amendment of section 16 (Authority may accept New s. 179
inserted by
undertakings) No. 48/2017
s. 26.
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.
180 Amendment of section 38 (Duty to notify incidents) New s. 180
inserted by
No. 48/2017
This Act, as amended by section 12 of the s. 26.
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.

185
No. 107 of 2004
New s. 181 181 Amendment of section 39 (Duty to preserve incident

inserted by sites)
No. 48/2017
s. 26. This Act, as amended by section 13 of the
into operation.
New s. 182 182 Amendment of section 64 (Service of provisional
inserted by
No. 48/2017 improvement notice or inspector's notice)
s. 26.
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.
New s. 183 183 Amendment of section 100 (Power to require
inserted by
No. 48/2017 production of documents etc.)
s. 26.
section 100 committed, or of which the
Authority becomes aware, on or after the
New s. 184 184 Amendment of section 115 (Service of notices)
inserted by
No. 48/2017
s. 26.
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.
New s. 185 185 Amendment of section 132 (Limitation period for
inserted by
No. 48/2017 prosecutions)
s. 26.
amending Act, applies to all prosecutions
commenced by the Authority on or after the

186
No. 107 of 2004
186 Amendment of section 153 (Offence to give false or New s. 186

misleading information) inserted by
No. 48/2017
This Act, as amended by section 25 of the s. 26.

into operation.
Pt 15 Div. 2
Division 2—Workplace Safety Legislation (Heading and
s. 187)
Amendment (Workplace Manslaughter and Other inserted by
No. 50/2019
Matters) Act 2019 s. 8.
187 Workplace manslaughter S. 187

inserted by
(1) Part 5A as inserted by Part 2 of the amending Act No. 50/2019
applies to offences alleged to have been s. 8.
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
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.

187
No. 107 of 2004
Pt 15 Div. 3 Division 3—Crimes Amendment (Manslaughter

(Heading and
s. 188) and Related Offences) Act 2020
inserted by
No. 16/2020
s. 22.
S. 188 188 Amendment of section 39G (Workplace

inserted by
No. 16/2020 manslaughter)
s. 22.
(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
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.

188
No. 107 of 2004
* * * * * Pt 16
(Heading and
ss 189–192)
inserted by
No. 27/2020
s. 15,
amended by
Nos 53/2021
ss 28, 29,
10/2022
ss 54, 55,
repealed by
No. 107/2004
s. 192 (as
amended by
Nos 11/2021
s. 207, 53/2021
s. 30, 11/2022
s. 10).
═══════════════

189
No. 107 of 2004
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised 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),
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.

190
No. 107 of 2004
Endnotes
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).

191
No. 107 of 2004
Endnotes
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
Current State: This information relates only to the provision/s
amending the Occupational Health and Safety
Act 2004
Accident Compensation (Amendment) Act 2005, No. 28/2005
Commencement Date: Ss 28, 29 on 1.7.05: s. 2(5)
Act 2004
Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005,
No. 31/2005
Commencement Date: S. 38 on 1.7.05: s. 2
Act 2004
Health Professions Registration Act 2005, No. 97/2005
Commencement Date: S. 182(Sch. 4 item 38) on 1.7.07: s. 2(3)
Act 2004
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Commencement Date: S. 94(Sch. item 36) on 1.7.06: Government Gazette
29.6.06 p. 1315
Act 2004

192
No. 107 of 2004
Endnotes
Mineral Resources Development (Sustainable Development) Act 2006,

No. 63/2006
Commencement Date: S. 61(Sch. item 26) on 30.8.06: s. 2(1)
Act 2004
Statute Law Revision Act 2007, No. 28/2007
Act 2004
Dangerous Goods Amendment (Transport) Act 2008, No. 66/2008
Commencement Date: S. 32 on 1.1.09: Government Gazette 18.12.08 p. 2998
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)
Act 2004
Fair Work (Commonwealth Powers) Act 2009, No. 24/2009
Commencement Date: Ss 34, 35 on 1.7.09: Special Gazette (No. 227) 1.7.09
p. 1
Act 2004
Occupational Health and Safety Amendment (Employee Protection) Act 2009,
No. 34/2009
Commencement Date: 1.7.09: s. 2(2)
Current State: All of Act in operation
Criminal Procedure Amendment (Consequential and Transitional Provisions)
Act 2009, No. 68/2009
Commencement Date: S. 97(Sch. item 90) on 1.1.10: Government Gazette
10.12.09 p. 3215
Act 2004

193
No. 107 of 2004
Endnotes
Statute Law Amendment (Evidence Consequential Provisions) Act 2009,

No. 69/2009
Commencement Date: S. 54(Sch. Pt 1 item 40) on 1.1.10: s. 2(2)
Act 2004
Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010
Act 2004
Statute Law Amendment (National Health Practitioner Regulation) Act 2010,
No. 13/2010
Act 2004
Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011
Commencement Date: S. 107(Sch. item 10) on 16.1.12: Special Gazette
(No. 423) 21.12.11 p. 3
Act 2004
Sentencing Amendment (Abolition of Suspended Sentences and Other Matters)
Act 2013, No. 32/2013
Assent Date: 4.6.13
Act 2004
Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013
Act 2004

194
No. 107 of 2004
Endnotes
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
Act 2004
Statute Law Revision Act 2015, No. 21/2015
Act 2004
Treasury and Finance Legislation Amendment Act 2016, No. 41/2016
Act 2004
WorkSafe Legislation Amendment Act 2017, No. 48/2017
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
Act 2004
Oaths and Affirmations Act 2018, No. 6/2018
Act 2004
Treasury and Finance Legislation Amendment Act 2018, No. 49/2018
Commencement Date: Ss 19–22 on 26.9.18: s. 2
Act 2004
Workplace Safety Legislation Amendment (Workplace Manslaughter and Other
Matters) Act 2019, No. 50/2019
Commencement Date: Ss 3–8 on 1.7.20: s. 2(2)
Act 2004

195
No. 107 of 2004
Endnotes
Local Government Act 2020, No. 9/2020

Commencement Date: S. 390(Sch. 1 item 74) on 6.4.20: Special Gazette
(No. 150) 24.3.20 p. 1
Act 2004
Crimes Amendment (Manslaughter and Related Offences) Act 2020, No. 16/2020
Act 2004
COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment
Act 2020, No. 27/2020
Act 2004
Justice Legislation Amendment (System Enhancements and Other Matters)
Act 2021, No. 11/2021
Act 2004
Occupational Health and Safety and Other Legislation Amendment Act 2021,
No. 36/2021
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)
Act 2004
Public Health and Wellbeing Amendment (Pandemic Management) Act 2021,
No. 53/2021
Commencement Date: Ss 28−30 on 8.12.21: s. 2(1)
Act 2004

196
No. 107 of 2004
Endnotes
Workplace Safety Legislation and Other Matters Amendment Act 2022,

No. 10/2022
Commencement Date: Ss 46–55 on 17.3.22: s. 2(2)
Act 2004
Justice Legislation Amendment (Trial by Judge Alone and Other Matters)
Act 2022, No. 11/2022
Act 2004
Workplace Injury Rehabilitation and Compensation Amendment (WorkCover
Scheme Modernisation) Act 2024, No. 8/2024
Act 2004
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

197
No. 107 of 2004
Endnotes
3 Explanatory details
No entries at date of publication.

198

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Authorised Version No.

Authorised by the Chief Parliamentary Counsel

Division 5—Power to give advice on compliance 21

Authorised by the Chief Parliamentary Counsel

Part 5A—Workplace manslaughter 47

Authorised by the Chief Parliamentary Counsel

57 Deputy health and safety representatives 67

Authorised by the Chief Parliamentary Counsel

78D Civil action for discriminatory conduct 90

Authorised by the Chief Parliamentary Counsel

Division 4—Procedure relating to entry 110

Authorised by the Chief Parliamentary Counsel

Part 10—Review of decisions 133

Authorised by the Chief Parliamentary Counsel

150 Effect of compliance codes 162

Authorised by the Chief Parliamentary Counsel

174 Occupational Health and Safety (Major Hazard Facilities)

Authorised by the Chief Parliamentary Counsel

Authorised by the Chief Parliamentary Counsel

Authorised Version incorporating amendments as at

Authorised by the Chief Parliamentary Counsel

(d) to provide for the involvement of employees,

Authorised by the Chief Parliamentary Counsel

(3) Employers and self-employed persons should be

commission in relation to plant includes

corresponding Authority means a Government S. 5(1) def of

Authorised by the Chief Parliamentary Counsel

Territory, that is responsible for

health includes psychological health;

Authorised by the Chief Parliamentary Counsel

health and safety representative means a health

inspector means an inspector appointed under

interest at the prescribed rate means interest at S. 5(1) def. of

labour hire services has the same meaning as it S. 5(1) def. of

non-WorkCover employer has the same meaning S. 5(1) def. of

Occupational Health and Safety Advisory

Authorised by the Chief Parliamentary Counsel

officer of a body corporate, unincorporated body

S. 5(1) def. of rateable remuneration has the same meaning as it

registered employee organisation has the

Authorised by the Chief Parliamentary Counsel

self-insurer has the same meaning as it has in S. 5(1) def. of

substance means any natural or artificial

worker has the same meaning as it has in the S. 5(1) def. of

workplace means a place, whether or not in a

Authorised by the Chief Parliamentary Counsel

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

Authorised by the Chief Parliamentary Counsel

(3) Despite subsection (1), a worker is not taken to be

Authorised by the Chief Parliamentary Counsel

Part 2—The Authority

Authorised by the Chief Parliamentary Counsel

(i) corresponding Authorities;

Authorised by the Chief Parliamentary Counsel

(j) to promote public awareness and discussion

Authorised by the Chief Parliamentary Counsel

(5) The Authority must ensure, as far as possible, that

Authorised by the Chief Parliamentary Counsel