Proposal to Increase Sanctions for OH&S Offenders

#fairwork #fairworkombudsman #ohs #vic Jun 26, 2025

Background

Twenty years since it was first enacted, in 2024 the Occupational Health and Safety Act 2004 was reviewed by the Victorian Sentencing Advisory Council. This review was requested by the Victorian Government to make any recommendations for reform based on an examination of the current sentencing practices.

What were the recommendations?

After their findings the Council has put forward 12 recommendations for reform to the Act, this includes a 500% increase in maximum penalties for breaching OHS obligations, new processes to further accountability, and providing courts with a clear guideline on how to determine penalties and sentences for offenders.

At this stage, nothing new has been implemented and the Council is awaiting the Victorian Government to respond to their recommendations.

What if I’m not in Victoria?

The review and report is a great reminder that anywhere in Australia it is the employer’s duty to ensure they are across the health and safety obligations. We know that things do change, and although important it can be difficult to remain across.

If you need any clarification for how occupational health and safety is mandated in your state or territory, or anything you can do to improve your own practices, feel free to reach out at [email protected].

Author: RG (Employii Human Resources)

Proposal to Increase Sanctions for OH&S Offenders

Background

What were the recommendations?

What if I’m not in Victoria?

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