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

Failure to report a notifiable incident is an offence

By admin • May 20, 2025
Section 38 of the Occupational Health and Safety Act 2004 imposes a legal duty on employers to notify of incidents: "An employer or self-employed person must not, without reasonable excuse, fail to notify the Authority immediately after becoming aware that an incident has occurred at a workplace under the management and control of the employer or self-employed person. s38(1) The employer must notify immediately by calling WorkSafe by calling 13 23 60, at which time they will be given a reference number. Thie reference number serves as proof that the employer did immediately notify the regulator." s38 The employer must fill out an incident notification form (found at Incident notification form | WorkSafe Victoria ) and this form must be submitted within 48 hours of the incident occurring. Failure to notify is a breach of legal duty and the offence can result in prosecution. It is also a legal duty for the employer to preserve the site of the incident. Failure to preserve the scene is an indictable offence under section 39 of the OHS Act. So, what classifies as a notifiable incident? Any of the following: 1. Death 2. Exposure to a substance resulting in a need for medical treatment within 48 hours 3. Any incident resulting in the need for immediate in-patient hospital treatment 4. Any incident result in the need for immediate medical treatment for any of the injuries listed: a. Amputation b. Serious head injury c. Serious eye injury d. Removal of skin (eg: scalping, degloving) e. Electric shock f. Spinal injury g. Loss of bodily function h. Serious lacerations (ie: requiring stitching or other medical treatment) 5. Any incident through which a person is at serious risk as a result of exposure to an: a. Uncontrolled escape, spillage, or leakage of a substance b. Implosion, explosion or fire c. Electric shock d. Fall or release from height of any plant, substance or thing e. Incident involving plant (collapse, overturning, failure or malfunction) as per OHS Regulations f. Collapse or failure of an excavation or mine (or of any shoring support) g. In-rush of water, mud or gas into an excavation, tunnel or mine h. Interruption of ventilation in a mine, excavation or tunnel i. Any incident involving dangerous goods or explosives WorkSafe has a straightforward guide on the process here: Report an incident | WorkSafe Victoria Don’t forget that as Health and Safety representative, you have the right to access information in relation to incidents which affect your DWG. For more information on this topic, take a look at previous articles relating to relating to HSR’s entitlements to access information: HSR Training & Workplace Safety | BeSafe | Reg. Vic. For more detail on this, visit Obligations of an employer to health and safety representatives | WorkSafe Victoria As always, you are welcome to get in touch with us for a chat HSR Training and support | BeSafe | Regional Victoria

Young workers are vulnerable

By admin • May 13, 2025
Young workers are at among the most vulnerable in the workplace. They are at an increased risk of injury or death at work. There are a number of factors which contribute to this, including: Being new to their job or industry Not knowing what their OHS rights are Not having OHS training Not being supervised sufficiently Have less experience in their role Feeling afraid to speak up about safety issues Not knowing how to report safety issues Being under pressure by other workers or their employer Insecure work Employers have a duty to provide a safe workplace to their employees, and particular care should be taken to ensure the safety of the young and vulnerable workers. Read more about this at Young workers: Safety basics | WorkSafe Victoria . When a young worker is killed at work, the ramifications are devastating. In these videos, two brave fathers describe what happened when their sons went to work and never came home: Workplace Incidents Consultative Committee: David Brownlee's story | dtf.vic.gov.au Workplace Incidents Consultative Committee: Brett Struhs' story | dtf.vic.gov.au Both companies were charged following the deaths of these young men, but nothing will bring them back to their families.  Both stories highlight the importance of protecting young workers from hazards in the workplace, as is the duty of the employer.