The Sentencing of OHS Offences in Victoria

admin • March 11, 2025

The Sentencing Advisory Council (SAC) has recently reviewed the sentencing of breaches of the Victorian Occupational Health and Safety Act 2004. Through their review, they discovered that there is a need to change sentencing practices in Victoria. They found that punishments were often not appropriate and not in line with community expectations, and that sentencing orders such as adverse publicity orders and health and safety orders are being underutilised. In addition, many fines are going unpaid.


Following a period of review and consultation, the SAC has recently published its’ report into the sentencing of OHS offences in Victoria.


The SAC have made 12 recommendations, divided into 3 categories:


1.     Victim related recommendations

– relating to victim impact statements and restorative justice.

2.     Sentencing Practices

– relating to enforceable undertakings/ health and safety orders, adverse publicity orders, increasing penalties for OHS breaches and the inclusion of Sentencing Guidelines in the OHS Act.

3.     Fine Payment

– relating to fines being paid to WorkSafe, reviews of fines outstanding, declared director notices and successor liability.


The recommendation to introduce Sentencing Guidelines would follow the example of the UK, where they already exist. However, Victoria will represent a world first if these guidelines are introduced as recommended – in legislation.


If implemented, this suite of changes could lead to much improved Occupational Health and Safety outcomes for Victorian workplaces.


Interested in finding out more? Take a look at: Sentencing Advisory Council Recommends Major Changes to Sentencing of Workplace Safety Offences | Sentencing Council

Small Business and Managing Psychosocial Hazards

By admin • September 7, 2026
When we think of workplace safety, we usually picture high-vis vests and machinery guards. But, we can’t forget that employers have the exact same legal obligation to protect workers from psychological harm as they do from physical injuries. For small-to-medium businesses, managing "psychosocial hazards" can feel overwhelming, especially because these risks may seem “invisible”. Things like chronic stress, bullying, or burnout can also seem more tricky to control than your slips, trips and falls. Here is a quick guide to understanding your duties and protecting your team. What is a Psychosocial Hazard? A psychosocial hazard is anything in the design or management of work that increases the risk of psychological harm. Common examples include: Unrealistic workloads, constant tight deadlines, or a lack of role clarity. Bullying, harassment, or a lack of support from supervisors. High-stress customer interactions or dealing with traumatic situations. Left unmanaged, psychosocial hazards lead to high staff turnover, absenteeism, and long-term psychological injury claims. Meeting Your Legal Duties: The 4-Step Process Victorian Safety Legislation require employers to eliminate or reduce psychosocial risks so far as is reasonably practicable usi ng a four-step Risk Management process: Identify Hazards: Look for warning signs like spikes in sick leave. Cruciall y, consult with your staff and Health and Safety Representatives (HSRs) t o find out where the stress points are. Assess Risks: Evaluate how likely these are to cause harm, as well as how severe and frequent these stressors are. Control Risks: Fix the job, not the person. You must change your systems of work to reduce the risk. For example by changing workflows, clarifying job descriptions, balancing workloads, and build a culture where staff can safely speak up. Review Controls: Regularly check back with your team and HSRs to ensure your changes are working. There are WorkSafe Victoria developed tools to help you with each step of the process and we can teach you how to use them... How BeSafe Victoria Can Help We understand that it can be hard to know where to start. You don't have to figure this out alone. At BeSafe Victoria , we specialise in providing the knowledge and skills to manage safety challenges. We run courses for HSRs, but we often have employers and managers attend so that they can understand how to apply the risk management process to psychosocial hazards. We will introduce you to a step-by-step process and provide the resources you need to make sure your workplace is safe. Contact BeSafe Victoria to find out more: HSR Training and support | BeSafe | Regional Victoria

NEW HSR Refresher OHS Training Course - Aggression or Violence

By admin • August 10, 2026
BeSafe Victoria is pleased to announce the upcoming delivery of a new Health and Safety Representative (HSR) Refresher OHS Training Course focused on Aggression and Violence in the workplace . This is a brand new WorkSafe developed training course, which equips HSRs with practical knowledge and skills to address one of the most significant psychosocial hazards facing Victorian workplaces today. Workplace aggression and violence can occur in any industry and the impacts can be both physical and psychological, not only affecting the person directly involved but also those who witness or are exposed to these incidents. Impacts also extend beyond the workplace to affect family and community. The new course explores aggression and violence through a risk management lens, building skills in hazard identification, assessing risks, finding effective controls and in contributing to effective workplace consultation. The training aligns with the growing emphasis on managing psychosocial hazards and reflects contemporary workplace health and safety expectations, including the management of aggression and violence as a workplace risk. The knowledge gained is important in ensuring that legal obligations, including those relating to the Psychological Health Regulations, are met and that workplaces are safe. As always, BeSafe Victoria is committed to providing engaging, practical and relevant training. This new refresher course offers an excellent opportunity for participants to strengthen their knowledge, build confidence in addressing workplace risks and return to their workplaces with practical strategies for supporting safer work environments. Bookings for this new HSR Refresher OHS Training Course on Aggression and Violence will be available soon. To register your interest, go to HSR Training and support | BeSafe | Regional Victoria or email us at info@besafevictoria.com.au  We look forward to helping you create safer, healthier and more respectful workplaces across Victoria.