WorkSafe Victoria

Regulator

OHS Act 2004 (VIC)

Primary Legislation

OHS Regulations 2017

Current Regulation

$203.51

Penalty Unit Value

No

Harmonised Jurisdiction

Yes — max 25 years

Workplace Manslaughter

Employer (not PCBU)

Duty Holder Term

WorkSafe Victoria is the state's workplace health and safety regulator, workers compensation insurer, and return-to-work authority. It combines regulatory, insurance, and rehabilitation functions under a single entity, giving it a comprehensive view of workplace safety across the state. WorkSafe Victoria employs a large inspectorate that conducts proactive and reactive inspections across all industries. The regulator has adopted an increasingly assertive enforcement posture, particularly following recommendations from the 2018 independent review of its operations. WorkSafe Victoria publishes compliance codes that serve a similar function to approved codes of practice in harmonised jurisdictions. Under Victorian law, a compliance code is admissible as evidence of what is known about a hazard and is treated as a benchmark for assessing whether an employer has met their duties under the OHS Act 2004.

The Victorian OHS Act 2004 uses the term employer rather than PCBU, although the practical scope of duties is similar. The Victorian Act places duties on employers, self-employed persons, designers, manufacturers, suppliers, and installers of plant. The consultation framework differs in that Victoria requires the establishment of designated work groups and the election of health and safety representatives through a prescribed process. Victoria does not have an equivalent to Section 26A of the harmonised WHS Act, but its compliance codes carry significant legal weight and are routinely cited in enforcement proceedings and prosecutions. The Victorian penalty framework uses penalty units valued at $203.51, which is significantly higher than the NSW penalty unit. The maximum penalty for the most serious offences under the Victorian OHS Act, including offences that result in death, can include imprisonment for up to 25 years under the Workplace Manslaughter provisions introduced in 2020.

Victoria introduced workplace manslaughter as a criminal offence in 2020 under the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019. The offence applies where an employer or officer engages in negligent conduct that involves a high risk of death or serious injury and results in the death of a person to whom the employer owed a duty under the OHS Act 2004. The maximum penalty for an individual convicted of workplace manslaughter is 25 years imprisonment. For a body corporate the maximum fine is approximately $18 million based on current penalty unit values. These penalties are among the most severe workplace safety penalties in the world and reflect the Victorian government's position that workplace deaths caused by employer negligence should be treated as criminal acts. WorkSafe Victoria has established a dedicated Major Investigations Team to investigate potential workplace manslaughter cases.

Victoria's economy is concentrated in construction, manufacturing, healthcare, education, and professional services. The construction sector in Melbourne and regional Victoria faces intensive regulatory scrutiny around fall prevention, silica management, crane safety, and excavation work. The manufacturing sector in the western and northern suburbs of Melbourne is subject to compliance campaigns targeting machine guarding, hazardous chemical management, and noise exposure. Victoria has been a national leader in regulating psychosocial hazards, with WorkSafe Victoria publishing detailed guidance on managing bullying, harassment, occupational violence, and work-related stress before many other jurisdictions. The healthcare sector faces significant regulatory attention around manual handling, sharps injuries, occupational violence, and fatigue management. Agriculture in regional Victoria remains a high-risk industry with WorkSafe conducting seasonal compliance campaigns around grain harvest, livestock handling, and quad bike safety.