Workplace Legislation Amendment (Accident Compensation and Other Matters) Act 2026

Overview

The Workplace Legislation Amendment (Accident Compensation and Other Matters) Bill 2026 has passed Parliament and received Royal Assent. It is now the Workplace Legislation Amendment (Accident Compensation and Other Matters) Act 2026 (the Act).

The Act implements the first stage of reforms from the final report of the Independent Review of Employee Representatives and introduces significant workplace health and safety, workers compensation and regulatory changes.

It also delivers recommendations from the Sentencing Advisory Council’s ‘Sentencing Occupational Health and Safety Offences in Victoria: Report and Recommendations’ and Legal and Social Issues Committee Inquiry into Claims made through the Transport Accident Commission, together with reforms to common law actions for dust-related conditions, transport accident compensation and occupational health and safety (OHS) enforcement.

Key changes

The Act amends the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act), the Accident Compensation Act 1985 (AC Act), the Occupational Health and Safety Act 2004 (OHS Act), the Occupational Health and Safety Amendment (Dangerous Goods) Act 2026 (OHS (DG) Act) and the Transport Accident Act 1986 (TA Act) to:

• expand the forms of security self-insurers and non-WorkCover employers may use to fulfill their financial guarantee requirements under the WIRC Act
• enhance the ability of health and safety representatives (HSRs) and authorised representatives of registered employee organisations (ARREOs) to identify and resolve occupational health and safety issues
• safeguard against conduct that undermines the effectiveness and integrity of the occupational health safety (OHS) representation framework
• make administrative improvements to the OHS representation framework
• clarify that WorkSafe and the Transport Accident Commission are not liable to fund accommodation costs associated with specialist disability accommodation (SDA)
• align approval of the terms and conditions of the WorkSafe Board Chairperson with that of Directors of WorkSafe
• clarify how Medical Panels fees are set.

Additional house amendments

During the Act’s passage through Parliament, a number of house amendments were also made. These amendments:

• re-instate common law rights for workers with a dust-related condition attributable to occupational dust exposure occurring between 12 November 1997 and 20 October 1999
• enable all workers with dust related conditions to seek a second award of damages at common law if they develop a subsequent dust-related condition from the same occupational dust exposure
• remove the time limits imposed by the Limitations of Actions Act 1958 (LA Act) on bringing a common law action by a worker, or the dependants of a deceased worker, for a dust-related condition under the AC Act, WIRC Act or Part III or VB of the Wrongs Act 1958.
• enable all workers with dust-related conditions to commence proceedings in the Supreme Court of Victoria without complying with the pre-litigation process that otherwise applies to common law actions under the AC Act and WIRC Act
• require the Minister to cause a review of the dust-related condition amendments to the AC Act, WIRC Act and LA Act made by the Act to be completed no later than 18 months after the Act receives Royal Assent
• increase the financial support for children affected by the death of a parent as a result of a transport accident
• allow affected persons to make an impact statement in sentencing proceedings involving OHS offences 
• replace health and safety undertakings with health and safety orders to allow courts to require OHS offenders to undertake safety improvement activities
• increase OHS penalties and terms of imprisonment for recklessly engaging in conduct that places, or may place, another person in danger of serious injury, serious illness or death.

Commencement

The following changes apply from the day after Royal Assent (Friday 2 October 2026):

• Governance and administrative amendments, including changes to WorkSafe Board approval arrangements and Medical Panel fee-setting processes.
• Specialist disability accommodation amendments (and apply retrospectively from 1 July 2024).
• Dust disease reforms, including:
  • restoring common law rights for workers with dust-related conditions attributable to occupational dust exposure between 12 November 1997 and 20 October 1999
  • enabling a second award of common law damages for workers who develop a subsequent dust-related condition from the same occupational dust exposure
  • removing time limits on bringing common law actions for dust-related conditions under the Limitation of Actions Act 1958.

The following changes apply from 10 September 2027, unless proclaimed earlier:

• Financial guarantee reforms for self-insurers and non-WorkCover employers.
• OHS representation and enforcement reforms, including HSR and ARREO powers, OHS impact statements, health and safety undertakings, and increased penalties for reckless endangerment offences.
• Reforms enabling workers with dust-related conditions to commence proceedings in the Supreme Court.

The following change will apply from 1 November 2026, unless proclaimed earlier:

• Increased financial support for children affected by the death of a parent as a result of a transport accident.

Until the relevant reforms commence, existing obligations and arrangements continue to apply.

Background

The changes to HSR and ARREO powers follow recommendations from the Independent Review of Employee Representatives, while changes to financial guarantee requirements have been informed by representations from self-insurers.

The review identified opportunities to enhance the powers and support available to HSRs and ARREOs.

The changes have also been informed by engagement with employee and employer representatives, WorkSafe and other key stakeholders.

The changes to sentencing proceedings, penalties and terms of imprisonment, and health and safety orders follow recommendations from the Sentencing Advisory Council’s Sentencing Occupational Health and Safety Offences in Victoria: Report and Recommendations’.

The changes to financial support for children affected by the death of a parent as a result of a transport accident follow the Legal and Social Issues Committee Inquiry into Claims made through the Transport Accident Commission.

More information

• View a copy of the Workplace Legislation Amendment (Accident Compensation and Other Matters) Act 2026.
• Read the Independent Review of Employee Representatives Final Report and Victorian Government response.
• Read the Sentencing Advisory Council’s Sentencing Occupational Health and Safety Offences in Victoria: Report and Recommendations’.
• Read the Legal and Social Issues Committee Inquiry into Claims made through the Transport Accident Commission.
• Read the Minister’s media release announcing the passing of the new legislation.

Updates

This page will continue to be updated as more information becomes available. You can also register to receive the latest information about the proposed legislation.

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