Memorandum of Understanding: Victorian Public Sector Commission

What it contains

This MOU sets out the common understanding between the parties as a voluntary statement of intent and contains the serious commitment of both parties at the time the MOU is signed and for the duration of the MOU. The MOU is not intended to create legally enforceable obligations between the parties.

Background

1. WorkSafe is Victoria’s health and safety regulator and its aim is to ensure that all Victorian workplaces are healthy and safe.
2. As a corporation established by statute, WorkSafe only has the power to do those things that it is expressly empowered to do by statute. Those express powers, together with any necessary implications to which they give rise, are the source of WorkSafe’s authority and capacity to act and define the limits of that authority and capacity.
3. WorkSafe’s statutory powers are expressly provided for in section 494(1) and 513(5)(d) of the WIRC Act, which together provide that WorkSafe may only provide funding to third parties, such as the VPSC, where that funding can be said to be in connection with the performance of its functions (as set out in section 493(1) of the WIRC Act) or to enable WorkSafe to achieve its objectives (as set out in section 492 of the WIRC Act).
4. Opportunities for collaboration have been identified between:
   1. the Public Sector Occupational Health and Safety Leadership Group;
   2. The Mentally Healthy Workplaces Advisory Group;
   3. the VPSC; and
   4. WorkSafe, to improve public sector occupational health and safety (OHS) performance and return to work outcomes for injured employees and to reduce the rising cost of mental health injury claims in the public sector.
5. It is intended that the work agreed in this MOU aligns with the initiatives and strategic objectives of the Public Sector Occupational Health and Safety Leadership Group, supported by WorkSafe, and aligns with the functions of WorkSafe including assisting employers and workers in achieving healthy and safe working environments.
6. The funding provided under this MOU will be used to support the activities, milestones and deliverables set out in Schedule 1 of this MOU, and in accordance with the terms of this MOU.
7. This MOU continues the collaboration between WorkSafe and the VPSC which began in 2022, working to deliver the Victorian Public Sector Workforce Health and Safety Work Program. This was originally governed by an MOU between WorkSafe and the VPSC dated 15 September 2023 (the ‘Prior MOU’), which expired on 15 September 2024. The activities and deliverables from the Prior MOU are attached to this MOU at Schedule 2 for continuity and reference.