OHS Learnings from Judge Peter Rozen

admin • May 6, 2025

Judge Peter Rozen is currently a Judge in the County Court of Victoria where he was appointed in 2022. His name is well known, due to his long history as an expert in Occupational Health and Safety law.  Judge Rozen has been involved in a number of high-profile reviews and inquiries, and he co-authored a textbook on the subject: ‘Health and Safety Law in Victoria’.


Recently, Judge Rozen presided over the case of DPP vs Energy Australia Yallourn Pty Ltd, where he gave his sentencing remarks on 27th March 2025. This case was a pure risk prosecution relating to a fire at the power plant, which resulted in the conviction of Energy Australia for breaching section 21 of the OHS Act.


The County Court broadcast the sentencing remarks on YouTube: Sentence of DPP v Energy Australia Yallourn Pty Ltd before Judge Rozen – 27 March 2025 in what was a helpful move to make access to his commentary more accessible to those wanting to learn from OHS rulings.


Judge Rozen took the opportunity to explain the way in which employers must engage in risk assessment including the consideration of the likelihood of the event occurring and its’ potential consequence.


He also took the time to explain that employers must provide the highest level of protection against risks to health and safety and that they must be proactive in their duty to provide a safe workplace, as well as to monitor conditions and to engage suitably qualified persons in relation to OHS. Notably, he highlighted the need for meaningful consultation and the fact that employees are entitled to be represented (by and HSR).


Rozen went on to delve into the concept to ‘reasonably practicable’ and described how the ‘more ‘reasonably practicable’ an identified risk control measure was, all else being equal, the more egregious will be the failure to have implemented it’.


Judge Rozen’s closing remarks were a strong reminder to duty holders as to their legislated responsibilities under the Law:

‘It has been stated by the Court of Appeal on more than one occasion that employers are required by the Act to take an active, imaginative and flexible approach to the safety of those who may be affected by their undertakings. An employer must actively identify risks to health and safety and take all steps that are reasonably practicable to obviate those risks. Employers are not allowed under the law to take a passive approach to safety only improving safety procedures after an incident... fines in OHS cases must draw attention to the importance of workplace safety, and send a message to employers that failure to eliminate or mitigate safety risks will attract significant punishment.'


The full transcript is available at: sentencing-remarks-dpp-v-energy-australia-yallourn.pdf

And the video can be viewed at: Sentence of DPP v Energy Australia Yallourn Pty Ltd before Judge Rozen – 27 March 2025


Any HSR, employer or person interested in OHS would benefit from listening to the comments of Judge Rozen. In particular, his educational comments which I have summarised are found at around the 11.30 mark.

The Creswick Mine Disaster

By admin • December 1, 2025
On 12 th December 1882, Creswick became the location of a mining disaster which holds, to this day, the record for the deadliest mine disaster in Australia’s history. There were 41 men who were on shift on the night of the 11 th December working in the New Australasian No.2 Gold Mine. They descended 250 feet (76m) from the surface and then made their way a further 2000 feet (600m) to the face where they were mining. It was at 5.30am the next morning when a working shaft came too close to an older flooded parallel shaft – resulting in water flooding into the newer working part of the mine. 27 miners became trapped, but were able to reach a small air pocket in a space known as the No.11 jump-up. Here they stayed trapped for 2-3 days. They wrote messages on their crib pails to their families and sang together and prayed. The rescue mission involved 2 days of frantic pumping of the floodwaters and Navy divers hurried from the ship HMVS Cerberus to help. By the time they were reached, after 3 days, 22 men had succumbed to the rising water levels and drowned. Only 5 of the 27 made it out alive. When the funeral was held, there were many thousands in attendance – 400 people marched in the procession and another 15,000 onlookers lined the streets. At this time there was no such thing as workers compensation to help the 18 wives and 63 children who were left behind. So, the community set up a relief fund to assist the families. This would be the birth of workers compensation in Australia. The Creswick Mine Disaster highlighted the need for better safety regulations in mining operations. It would remain the largest loss of life in a workplace incident in Australia for nearly 90 years, when The West Gate Bridge Collapsed in 1970. For more information on the Creswick Mining Disaster Australasian Mining Disaster | Creswick Museum List of the Dead Christian Frederick Fisher (55) Wittenburg, Germany James Carmoody (53) County Clare, Ireland George Baulcomb (52 & 10 months) Maidstone, Kent, England Nathaniel Trescowthick (45) Cornwall, England Michael Hayes (45) Ireland John Gower (44) Lyminge, Kent, England William Curtis (42) Gwennap, Cornwall, England James Minahan (38) County Clare, Ireland William Tregloan (37 & 6 months) Marazion, Cornwall Edward Campon Dargon (36) Kilkenny, Ireland Anton Andersson (36) Christianstada, Finland John Henry Crougey(35) Stithians, Cornwall, England James Mitchell Temby (35) Redruth, Cornwall, England James O’Shea also known as James Walsh (34years & 11 months) County Waterford, Ireland Carl Waldemar Theodor Serrurier (34) Berlin, Prussia Thomas Penbertha Chegwin (31) Redruth, Cornwall, Ireland Abraham Wyatt (31) Adelaide, South Australia Jabez Bellingham (28) Worcestershire England Benjamin Bowen Bellingham (21) Happy Valley, Victoria. John Tom Clifton (27) Gainsborough, Lincolnshire, England Edward Wood (26) Oldham, Lancashire, England John Thomas Hodge (18) Creswick Survivors Peter Maloney John Manley died 25/1/1924 Tom Corbett died 31/5/1935 Creswick Cornelius Quirk died Feb. 1922 Milawa Patrick Bowen died 26/3/1909 Creswick

HSRs are not Union Reps: Clearing the confusion

By admin • November 24, 2025
When it comes to workplace safety, one role often misunderstood is that of the Health and Safety Representative (HSR) . Many people assume HSRs are the same as union representatives — but that’s not the case. While both roles aim to protect workers’ interests, their focus, powers, and responsibilities are quite different. What Is an HSR? An HSR is a worker elected by their peers to represent their health and safety interests . They are chosen from within a designated work group and act as a direct link between workers and management on safety matters. Under the Occupational Health and Safety Act 2004 (Vic) , HSRs have specific powers, such as: Inspecting the workplace for hazards. Accompanying WorkSafe inspectors during visits. Requesting the formation of a health and safety committee. Issuing Provisional Improvement Notices (PINs) Importantly, HSRs do not negotiate pay, conditions, or other industrial matters — their role is purely about health and safety. How They Differ from Union Representatives Union representatives (or delegates) are appointed or elected to represent workers on a wide range of workplace issues, including wages, rosters, and employment conditions. They may also support members in disputes or negotiations with employers. While an HSR can be a union member — and unions often provide training and support to HSRs — the position itself is independent of union affiliation . You don’t need to be in a union to be elected as an HSR, and you don’t automatically become a union rep by taking on the role. Why the Distinction Matters Confusing the two roles can lead to misunderstandings in the workplace. For example: Employers might wrongly assume HSRs are pushing a union agenda, when in fact they are fulfilling legal safety duties. Workers might hesitate to raise safety concerns with an HSR if they are not themselves a union member, due to confusion about their role. By recognising that HSRs are safety advocates, not industrial negotiators , workplaces can foster more open, constructive conversations about keeping everyone safe. Bottom line: In Victoria, HSRs are there to represent their co-workers on OHS matters, helping to make sure your workplace is safe. Whether you’re in a union or not, you can elect an HSR. This is a key way to ensure that consultation is occurring and that you have a conduit through which to raise health and safety concerns. Remember: HSRs = Safety advocates under the OHS Act. Union Reps = Industrial advocates under workplace laws. So, it is important to know that you can (and have a legislated right to) elect an HSR at your workplace whether or not you work in a unionised workplace. All workplaces will benefit from having elected HSRs and safety structures in place – AND this has been proven to result in safer workplaces. Not sure how to elect an HSR? Reach out to us at admin@besafevictoria.com.au