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.

By admin April 7, 2026
Health and Safety Representatives (HSRs) play a critical role in keeping Victorian workplaces safe, healthy and compliant. They are the frontline advocates for workers when it comes to identifying hazards, resolving safety issues and driving real change on the ground. One of the most important opportunities available to HSRs each year is the Victorian HSR Conference , hosted by the Victorian Trades Hall Council and subject to approval by WorkSafe Victoria. Not only is this conference an invaluable learning and networking opportunity, HSRs have a legal entitlement to attend. For regional HSRs, including those in Ballarat and surrounding areas, the addition of Ballarat as a new satellite conference location makes this entitlement even more accessible. HSRs Have a Legal Right to Attend the Victorian HSR Conference Under Victorian occupational health and safety law, HSRs are entitled to attend approved training and education to support them in their role. The annual Victorian HSR Conference is subject to approval by WorkSafe under section 69 of the Occupational Health and Safety Act 2004, which means: HSRs are entitled to attend on paid time Time spent attending is considered time at work Employers cannot disadvantage an HSR for attending HSRs must provide at least 14 days’ notice to their employer of their intention to attend (unless otherwise agreed) This legal framework exists because the Victorian safety system recognises that trained, informed HSRs save lives, prevent injuries and improve workplace culture. WorkSafe emphasises that conferences and training approved under the Act are a vital part of enabling HSRs to effectively exercise their powers and functions. Why Conferences Matter for HSRs While formal HSR training provides foundations, the annual conference goes further. It brings together thousands of HSRs from across Victoria to focus on emerging risks, legal developments and practical strategies that can be taken straight back into workplaces. The conference typically covers: Emerging hazards Updates on OHS law and enforcement Real case studies from active HSRs Skills sessions on consultation, issue resolution and enforcement powers Opportunities to hear directly from safety experts, organisers and other HSRs This year a Satellite Conference will be held in Ballarat For HSRs based in Ballarat and regional Victoria, the Ballarat satellite conference offers all the benefits of the main event, without the barriers that often prevent regional workers from attending. Easier Access, Less Travel - Travelling to Melbourne can be time‑consuming and costly for regional HSRs. Satellite conferences allow HSRs to attend closer to home, reducing travel fatigue and minimising time away from work and family. Strong Regional Networking - The Ballarat satellite conference provides an opportunity to connect with other regional HSRs, share practical solutions relevant to local industries and build ongoing support networks that last well beyond the conference. Many HSRs report that these peer connections become one of the most valuable outcomes of attending. Confidence to Use Your Powers- Conference sessions are designed to increase confidence in exercising powers lawfully, clarify employer obligations and reinforce that HSRs are legally protected when acting in good faith. Bringing Safety Knowledge Back to Regional Workplaces - What HSRs learn at the conference doesn’t stay in the room. It flows back into Toolbox talk, Health and safety committee meetings, Risk assessments and issue resolution processes. By attending the Ballarat satellite conference, regional HSRs strengthen safety leadership across the entire local workforce. The Victorian HSR Conference is more than an event – it is a legally supported investment in safer workplaces. For Ballarat and regional HSRs, the satellite conference ensures that geography is no barrier to knowledge, connection or confidence. If you are an HSR: You are entitled to attend You should notify your employer early You should seriously consider attending your local satellite conference  Strong HSRs mean safer workplaces. The Ballarat satellite conference is an opportunity to build that strength together. If you want to put your name down to get more information on the conference please contact us at HSR Training and support | BeSafe | Regional Victoria
By admin March 30, 2026
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