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

Why Refresher Training Matters

By admin • May 18, 2026
At BeSafe Victoria, we love seeing how much our Health and Safety Representatives (HSRs) get out of returning for Refresher Training. There is no doubt in our minds that HSR Refresher Training is really valuable, and we absolutely love seeing old and new participants come in to share their experiences too. There have been significant changes to legislation and OHS requirements and most recently the introduction of the Psychological Health Regulations. We now deliver the brand new WorkSafe Approved Refresher Course focusing on Psychosocial Hazards and have seen how beneficial this new course is to HSRs, who take their new-found knowledge back to their workplaces. HSRs play a vital role in protecting the wellbeing of their colleagues. They are the bridge between workers and management, ensuring that safety concerns are heard, understood, and acted upon. While completing the Initial HSR Training is a great start, refresher training is just as important and in fact, it’s an entitlement under the Occupational Health and Safety Act 2004 for all HSRs and deputy HSRs. 1. Keeping Knowledge Current Workplace safety laws, industry standards, and best practices evolve over time. Annual refresher training ensures HSRs stay up to date with: Changes to OHS legislation in Victoria New hazard control methods and technologies Updated WorkSafe guidance and compliance expectations This means HSRs can confidently apply the most current safety strategies in their workplace. 2. Strengthening Confidence and Skills Even the most experienced HSR can benefit from revisiting core principles. Refresher courses: Reinforce understanding of the role of HSRs Provide practical tools for effective consultation and issue resolution Build confidence in raising and addressing safety concerns 3. Creating Space for Real-World Problem Solving Refresher training offers a collaborative environment where HSRs can: Share experiences and challenges with peers from other workplaces Learn from real-life case studies Explore solutions to complex safety issues This peer-to-peer learning often sparks new ideas that can be applied immediately back on the job. 4. Strengthening Workplace Safety Culture When HSRs are well-trained and confident, they inspire others to take safety seriously. Regular refreshers: Demonstrate a commitment to continuous improvement Encourage open conversations about hazards Help embed safety as a shared responsibility across the workplace Your Right to Attend In Victoria, HSRs are entitled to attend a one-day refresher training each year, and employers must allow this. Choosing a WorkSafe-approved provider ensures the training meets standards and delivers practical, relevant content. Employers who encourage attendance know that HSR refresher training isn’t just a box to tick, it’s an investment in safer, healthier workplaces. By keeping skills sharp and knowledge current, HSRs can continue to be strong advocates for their colleagues and champions of workplace safety. They can play a key role in helping the employer to ensure the workplace is safe and to be compliant with consultation obligations under the OHS Act. At BeSafe, we can deliver training throughout Victoria. We have listed courses on our website, but these are only the tip of the iceberg! We can book in courses on demand in any location and we can even come and deliver a course on-site at your workplace. Don't forget we also offer free support after your course too!  Get in touch with us: 0407002060 info@besafevictoria.com.au

International Workers Memorial Day

By admin • May 5, 2026
On 28 April 2026 , BeSafe joined those gathered at Argyle Square, Carlton , to mark International Workers’ Memorial Day (IWMD) in Melbourne. The ceremony honoured those who have lost their lives due to workplace injury or illness and renewed a shared commitment to safer, healthier workplaces. The service began with speeches made by The Secretary of Victorian Trades Hall Council (VTHC) Luke Hilikari, Premier Jacinta Allen, WorkSafe CEO Cathy Henderson and Lived Experience Advocate Lana Cormie. Assistant Secretary of VTHC Wil Stracke was the MC for the occasion and the Trade Union Choir sang throughout. The most moving part of the service was, as always, the boot laying ceremony. This year, 60 pairs of boots were laid to represent the workers lost in the past 12 months. Finally, a rose was laid to represent those who are not counted - in recognition that the numbers are vastly underestimated and many workplace deaths are not recorded in the official statistics. The vision of 60 pairs of boots sitting upon stools in the park is profoundly tragic and deeply moving. A minutes silence marked the moment. This was followed by attendees laying wreaths to honour the fallen workers. The speeches included messages of regret and sorrow, but also a call to action – as we can only truly honour the dead if we take action to ensure the safety of the workers of the future.  “ Honour the dead, and fight like hell for the living .” At BeSafe, we are passionate about workers’ safety and we will continue to do anything we can to improve the safety of all Victorian workplaces. For more on this: Strong union message at workers’ memorial — Independent Education Union Victoria Tasmania STRONG MESSAGE TO COMMEMORATE FALLEN WORKERS ON IWMD - OHS Reps