Overview
In January 2024, the Victorian Government asked the Sentencing Advisory Council (the Council) to review and report on the sentencing of offences contrary to the Occupational Health and Safety Act 2004 (the OHS Act) and make any recommendations for reform it considered appropriate.
The review examined:
- current sentencing practices for occupational health and safety offences (OHS) in Victoria
- whether those practices align with community expectations
- the role of injured workers and the families of deceased workers in sentencing proceedings
- the enforcement of sentencing orders, especially court fines.
Following data analysis, research and consultation with stakeholders and the Victorian community, the Sentencing Advisory Council delivered its report to the Attorney-General and the Minister for WorkSafe and the TAC in late 2024. The report was published in February 2025 and makes 12 recommendations for reform.
The Sentencing Occupational Health and Safety Offences in Victoria: Report and Recommendations(opens in a new window) is available on the Sentencing Advisory Council website.
The Report and the Victorian Government Response
The Report made 12 recommendations for reform relating to:
- improving how people affected by workplace incidents can participate in the sentencing process
- changing sentencing practices for OHS offences, including utilising additional and alternative sentencing orders more often, to better align with community expectations and achieve the purpose of sentencing
- improving payment rates and distribution of fines imposed in OHS cases.
Of the 12 recommendations:
- Two recommendations relating to the development of policies to increase the use of health and safety undertakings(opens in a new window) and adverse publicity orders(opens in a new window) have already been completed, with these policies now published on WorkSafe Victoria’s website.
- The Victorian Government supports nine of the remaining recommendations either in full, in-principle or in part, and has passed legislation that will amend the OHS Act through the Workplace Legislation Amendment (Accident Compensation and Other Matters) Bill 2026 to address recommendations relating to:
- creating a framework for impact statements under the OHS Act
- reforming health and safety undertakings
- increasing maximum penalties for reckless endangerment.
- One recommendation is noted as under review.
The Victorian Government will give further consideration to the best way to address the remaining supported recommendations.
Victorian Government's Response
Updated