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

By admin • October 6, 2026
We are excited that the program has been released for the 2026 HSR Conference! The event is held across the state, with the Melbourne presentations being live streamed to four regional centres. This includes Bendigo, Morwell, Wangaratta and Ballarat. BeSafe is super excited to be hosting the Ballarat event! The conference is on Tuesday 27 th October and will kick off at 8.30am and run through to 2.45pm. It’s completely free and catered for, but you must register to attend at: VTHC HSR Conference 2026 Don’t forget that HSR’s have an entitlement to attend this course, as it is WorkSafe Victoria approved under Section 69. Numbers are limited, so register as soon as possible so you don’t miss out!  Here is what to expect on the day: The Conference topic “Extreme Weather, Extreme Risk: The Future of Occupational Health and Safety”: How extreme weather is changing workplace health and safety, the new risks workers face, and how HSRs can use their rights and powers to prevent harm. The Program 7.45- 8.30am Arrive and register 8.30 – 10am SESSION 1 Opening speakers: VTHC Secretary Luke Hilakari, WorkSafe Minister Steve Dimopoulos MP and WorkSafe CEO Cathy Henderson Presentation: Extreme Heat: combined presentation between HSRs and Dr Andrew Ireland 10:00am - 10:30am Morning tea 10:30am - 11:15am SESSION 2 Presentation: Climate-driven natural disasters: combined presentation between HSRs and Dr Andrew Watkins Q&A 11:25am - 12:15pm BREAKOUT SESSION 1: Debrief and reflections 12:15pm – 1:15pm Lunch 1:15pm – 2:45pm BREAKOUT SESSION 2: Myth busters, problem solving and campaigns activities 2:45pm Conference evaluation and certificate collection For more information, take a look at: H&S Month 2026: Victorian HSR Conference | WorkSafe Victoria HSR conference 2026 - OHS Reps
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