Changes to Legislation

admin • August 4, 2025

The Workplace Injury Rehabilitation and Compensation Amendment Bill 2025 has passed Parliament.


It makes changes to three pieces of legislation:

1.     The Workplace Injury Rehabilitation and Compensation Act 2013,

2.     The Occupational Health and Safety Act 2004 and

3.     The Accident Compensation Act 1985 


The changes aim 'to improve support for injured workers and their families in Victoria, enhancing compensation entitlements and rehabilitation processes.’


In summary, the key provisions of the Bill are:

1.     Code of Claimants' Rights to be created to ensure injured workers are treated with dignity and respect


2.     Lived Experience Membership on WorkSafe Committees. It is now required that there be lived experience membership on the WorkSafe Board Advisory Committees, creating a ‘seat at the table’ for those personally affected by poor safety practices.


3.     Return to Work (RTW) Coordinators:Employers will be required to provide RTW coordinators with necessary assistance and training to improve return-to-work outcomes for injured employees. The details of this are yet to be made clear, pending directives form The Minister and WorkSafe. There will be penalty units attached to this requirement.


4.     Compensation for Families of deceased workers:  The bill improves compensation by:

a)    Allowing for provisional payments be made to dependants following a work-related suicide.

b)    Extending the length of the provisional payment period from 13 weeks to 26 weeks for dependent partners of deceased workers. This will mean that dependants will be less likely to be left without an income while the claim is being processed.

c)     Increasing the weekly payments to the dependent children of deceased workers. This is an increase from 5% of ‘pre-injury average weekly earnings’ to 12.5%, allowing for improved financial support of children.

d)    Grief and Loss payments to be made to close family members following the death of their loved one. This will acknowledge the loss of family members who previously had no eligibility for compensation.


5. Broader Support Services:The amendments will allow access to a wider range of therapy and support services for families affected by work-related deaths and serious injuries. This change allows for ‘support services’ to be broader than just psychology.


6. Independent Review Requirement:The bill mandates an independent review of the workers' compensation scheme at least every five years, starting in 2030, to ensure ongoing improvements and accountability. 


The Bill passed the Victorian Parliament on the 31st July 2025.


The primary aim of the Workplace Injury Rehabilitation and Compensation Amendment Bill 2025 is to strengthen the support system for injured workers and their families. It also requires for injured workers to be treated with dignity and respect during their recovery and rehabilitation processes. 

Any improvement to the support of those affected by work related injury and death can only be a good thing.


For more detail on the changes, take a look at:

Workplace Injury Rehabilitation and Compensation Amendment Bill 2025 | legislation.vic.gov.au

Psychological Health Regulations: A Focus on Risk Management - a Summary of WorkSafe's Webinar

By admin • October 27, 2025
Almost 14,000 people registered to attend WorkSafe Victoria’s webinar “Psychological Health Regulations: A focus on risk management” held on 27 th October 2025. The webinar was essentially an overview and pointed to a number of resources for employers to access to ensure they are compliant by 1 st December 2025. WorkSafe Representatives explained that employers have always had a duty to provide a safe workplace - including physically and psychologically. However, the new regulations introduce a specific duty relating to the need to identify and control risks associated with psychological health in the workplace. Psychosocial hazards are factors in the workplace which may create a negative psychological response which can pose a risk to a worker’s health and safety (eg: long hours, work demands, low role clarity, sexual harassment, bullying, etc). WorkSafe were very clear that The Psychological Health Regulations do not impact any workers eligibility for mental injury claim, as they have no impact on the Workplace Injury Rehabilitation and Compensation (WIRC) Act. The stated aims of the Regulations were as follows: 1. To strengthen the OHS framework by recognising psychosocial hazards as equally harmful as physical hazards. 2. To provide clearer guidance to employers on their obligations to protect employees from psychological injury. 3. To create specific obligations for Victorian employers to identify and control psychosocial risks in their workplaces. 4. To support employers through a range of tools and non-statutory guidance, including an optional prevention plan template to guide the risk management process. 5. To ensure compliance by providing a practical code to help employers meet their duties under the Regulations. These regulations are part of a broader effort to address the increasing prevalence of work-related mental injuries and to create a safer, more supportive work environment for all employees. WorkSafe explained that they was now a prescribed risk management process which requires all employers to identify psychosocial hazards and to control the risks by eliminating or reducing the risks as far as reasonably practicable. The risk management cycle (see image below) Step 1. Identify hazards Step 2. Assess the risks (including likelihood and consequence) Step 3: Control the risks (in line with the Hierarchy of Control) Step 4: Review – monitor, review and revise Throughout the process, consultation must occur Hierarchy of Control (see image below) The WorkSafe representatives explained the hierarchy of control for psychosocial hazards – noting that elimination is the first priority, and if not possible then there were ways to reduce the risk by making changes to limit exposure or to reduce the effects of exposure to the psychosocial hazard. In most cases, information, instruction or training will form part of the management of the risk. However, this should be in combination with higher order controls due to the fact that these are the least effective option. Compliance code The new compliance code Compliance code: Psychological health | WorkSafe Victoria provides a comprehensive guide to what is required in relation to the new Regulations. Hazard prevention plan There is a psychological hazard prevention plan template which can be found at: Prevention plans for psychosocial hazards | WorkSafe Victoria which is a simple way to go through the risk management process and to document it. Prevention plans are not mandatory – although strongly encouraged. You can use another method to carry out and record your risk management process. Enforcement WorkSafe inspectors may issue improvement notices in the same way as they do for physical hazards. Inspectors will be addressing complaints as well as conducting proactive and strategic workplace visits. All employers, whether in a large or small business, will be required to comply. Reporting Employers need to treat psychological hazards in the same way as physical risks – so you can use your existing internal reporting processes for these too, although they may need to be adapted for this purpose. There are no new mandatory reporting requirements. Commencement The Regulations commence o n 1 st December 2025, to allow time for employers to prepare. It was noted by WorkSafe that the obligation to provide a work environment without risks to psychological health is already required under The Act and that there has been significant lead-time to the new Regulations. Therefore, there is an expectation that employers are already across the requirements, however there is still time prior to 1 st December 2025 to ensure compliance with The Regulations. Before December, employers should have in place: evidence of having identified and controlled psychosocial hazards and have a prevention plan (or alternative) in place, noting that consultation with employees must occur as part of this process. Key takeaways: Employees psychological health must be treated equally to physical health. The Regulations and Compliance Code provide the guidance to employers on how to do that in the most effective way. Employers are encouraged to have a close look at the Compliance Code, which provides practical guidance. Risk management is an ongoing process, not a ‘set and forget’, there is a process of continuous improvement. This means ongoing monitoring and review of psychological risks and the controls. For more information and resources: WorkSafe psychological health page: Psychological health | WorkSafe Victoria To view the full webinar: https://tsglive.com.au/HSMweb3

Employers duties in relation to HSRs

By admin • October 13, 2025
Health and Safety Representatives (HSRs) play a pivotal role in ensuring the well-being of employees in the workplace. Employers have specific legal obligations under the Occupational Health and Safety Act 2004 (OHS Act) to support and collaborate with HSRs. Knowing and understanding these duties are not just about compliance, they are about fostering a culture of safety and mutual respect in the workplace. Who Are HSRs? HSRs are workers elected by their peers to represent their health and safety interests. They act as a bridge between employees and employers, ensuring that safety concerns are raised, addressed, and resolved effectively. Their role is vital in creating a safer, more inclusive workplace. It is important to understand that HSRs are workers who volunteer to represent their co-workers. They have powers under the OHS Act, but they do not have duties. However, the employer does. Here are some of them... Key Employer Duties Toward HSRs Employers in Victoria must actively support HSRs to enable them to perform their roles effectively. Below are the primary duties employers must fulfill: 1.Allowing HSRs to access information. Employers must allow HSRs to access information relating to their Designated Work Group (DWG) relating to: The health and safety of members of their DWG Actual or potential hazards in the workplace Employers are required to share information related to workplace hazards, risks, safety measures and incidents with HSRs. This transparency helps HSRs make informed decisions and advocate for worker safety effectively. 2. Allow HSRs to be present at interviews HSRs must be allowed to represent a member of their DWG (whether an employee or contractor), if the member provides consent. This includes meetings or interviews with the employer, employer's representative or an inspector. 3. Allow HSRs to have time off work with pay The employer must provide paid time for the HSR to Do any work which involves them exercising their powers under The Act Completing any WorkSafe approved training (with 14 days notice) 4. Providing facilities and assistance The employer must enable the HSR to exercise their powers by providing any facilities and assistance required. 5. Allow access of persons providing assistance to HSRs The HSR can request the assistance of any person to resolve and OHS issue and this must be facilitated by the employer, unless they are not considered suitable to assist with OHS matters. 6. Display a written list of HSRs The employer must ensure that a written list of HSRs (and deputy HSRs) is displayed in the workplace where it is readily available to the employees. 7. Facilitating Training Employers must ensure that HSRs are able to access training to perform their role. In Victoria, HSRs are entitled to attend a WorkSafe-approved HSR training course (see: HSR Training Courses | BeSafe | Regional Victoria ) and refresher courses annually. Employers are responsible for: Covering the cost of training Allowing paid leave for HSRs to attend training Allowing HSRs to choose their training provider 7. Allow HSRs to p erform all of their Functions according to their powers under the OHS Act This includes all the powers outlined in our blog on the Powers of HSR's. 8. Consulting with HSRs Employers must consult with HSRs on matters that may affect the health and safety of workers. This includes: Changes to workplace processes, equipment, or systems Development or review of safety policies and procedures Risk assessments and control measures 9. Protecting HSRs from Discrimination HSRs must be able to perform their duties without fear of discrimination or disadvantage. Employers are prohibited from treating HSRs unfavourably because of their role. Why These Duties Matter Fulfilling these obligations is not just about legal compliance, it’s about creating a workplace where safety is prioritised, and workers feel valued. When employers actively support HSRs, they: Reduce workplace injuries and illnesses. Foster trust and collaboration between workers and management. Enhance overall productivity and morale. Penalties for Non-Compliance Failure to meet these duties can result in significant penalties under the OHS Act. Beyond the legal consequences, neglecting HSRs can damage workplace relationships and lead to a decline in safety standards. Conclusion Employers have a critical role in empowering HSRs to champion workplace safety. By meeting their obligations under the OHS Act, employers not only comply with the law but also contribute to a safer, healthier, and more harmonious work environment. Supporting HSRs is an investment in the well-being of your workforce and ultimately, the success of your business. If you’re an employer, take the time to review your practices and ensure you’re meeting your duties toward HSRs. A proactive approach to workplace safety benefits everyone involved.