Workplace Legislation Amendment (And Other Matters) Act 2026 - Frequently asked questions

Key changes in the Act are as follows:

• enhancing 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
• expanding the forms of security self-insurers and non-WorkCover employers may use to fulfill their financial guarantee requirements under the WIRC Act 
• safeguarding against conduct that undermines the effectiveness and integrity of the occupational health and safety (OHS) representation framework
• making administrative improvements to the OHS representation framework
• providing that WorkSafe and the Transport Accident Commission (TAC) will not be required to fund accommodation costs associated with Specialist Disability Accommodation (SDA) 
• aligning approval of the terms and conditions of the WorkSafe Board Chairperson with that of the Directors of WorkSafe
• clarifying the process for setting Medical Panel fees

During the Act's passage through Parliament, a number of final house amendments were also made to:

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

The Workplace Legislation Amendment (And Other Matters) Act 2026 makes amendments to the following legislation:

• Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act)
• Accident Compensation Act 1985 (AC Act)
• Occupational Health and Safety Act 2004 (OHS Act)
• Occupational Health and Safety Amendment (Dangerous Goods) Act 2026 (OHS (DG) Act)
• Transport Accident Act 1986 (TA Act).

The following changes apply from the day after Royal Assent:

• 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.

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 

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. 

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 Act 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.  

The Victorian Government commissioned an independent review into the powers and supports for employee representatives, under the OHS Act.

The Independent Review considered whether the powers, functions and support provided to HSRs and ARREOs under the OHS Act remain effective and fit-for-purpose to deliver improved health and safety outcomes for all workers.

A wide range of stakeholders contributed to the Independent Review, including employer and employee representatives, people with lived experience, individuals, and Victorian Government departments and agencies.

You can read more about the review here: Independent Review of Employee Representatives

The Government’s response to the Independent Review will be implemented in stages. This amendment delivers the first stage of reforms, with other stages to progress recommendations that require further consultation, detailed design and policy development.

The stage one amendments seek to deliver straightforward and administrative legislative reforms to streamline and modernise HSR and ARREO powers and address coercion and misuse of information.

The stage one reforms will:

• allow WorkSafe Victoria occupational health and safety (OHS) inspectors to make binding determinations on unresolved matters concerning multi-employer designated work groups (DWGs)
• provide explicitly that any photographs or recordings taken by HSRs and ARREOs must not be live streamed or published online in a public forum
• provide explicitly that HSRs cannot intentionally use, disclose or provide to another person photographs or recordings, for a purpose not reasonably connected with the exercise of a power under Part 7 of the OHS Act
• require HSRs to issue provisional improvement notices (PINs) in a WorkSafe-approved format
• allow ARREOs to investigate a new suspected OHS contravention identified during an entry without leaving the workplace
• clarify that HSRs and ARREOs can access information and make copies of documents relevant to a suspected contravention, with restrictions to prohibit further disclosure and noting existing safeguards that limit how materials obtained by ARREOs can be used
• provide that HSRs must not intentionally use or disclose information from an employer or employee for a purpose not reasonably connected with the exercise of a power under Part 7 of the OHS Act
• prohibit coercion in relation to matters under Part 7 and Part 8 of the OHS Act, including an increase in monetary penalty units compared to the existing coercion offence that is limited to DWG matters.

An HSR is an employee elected by their colleagues, from their designated work group, to represent their health and safety interests under the OHS Act.

HSRs act as a liaison between staff and management to monitor safety, raise concerns, and help resolve workplace hazards.

These positions are voluntary.

The OHS Act gives HSRs a role in raising and resolving occupational health and safety issues with their employer, as well as powers to enforce compliance with the OHS Act and associated regulations. They provide employees with an avenue to have their views and concerns about health and safety in their workplace heard by their employer.

Authorised representatives of registered employee organisations are known as ARREOs.

A registered employee organisation, such as a union, is registered under the Fair Work (Registered Organisations) Act 2009.

To become an ARREO, a person must:

• be a permanent employee or officer of a registered employee organisation, for example, a union
• complete a WorkSafe-approved training course
• get an entry permit from the Magistrates’ Court, known as an Occupational Health and Safety (OHS) entry permit.

These are requirements under the OHS Act.

To exercise a state OHS right, ARREOs are also required to hold an entry permit issued under the Fair Work Act 2009. This is commonly known as a Federal Fair Work entry permit.

HSRs and ARREOs can inspect and copy documents relevant to a suspected contravention but only to the extent that it is reasonable in the circumstance to do so.

This may include health and safety policies and procedures, risk assessments, workload assessments, incident-related records, and other records relevant to the suspected contravention.

This includes documents kept at, or accessible from a computer at the workplace.

These changes do not allow HSRs and ARREOs to make copies of documents which are not kept at the workplace, such as in remote and work from home settings. The Government will consider whether that is a change that should be made in future.

An HSR or ARREO may only copy and inspect documents to the extent that it is reasonable for the purpose of their enquiry.

The new powers for HSRs and ARREOs do not change existing privacy, secrecy or confidentiality laws.

HSRs and ARREOs must continue to handle information appropriately and in line with any legal requirements.

An employer may refuse access to a document, decline to provide a copy, or provide a redacted version where disclosure would breach legal requirements - for example, where the document contains personal, sensitive or otherwise protected information and there is no consent or other lawful basis for disclosure.

Yes. These are the first stage of the Victorian Government’s response to the Independent Review. The Government is taking a staged approach to implementation, with further reforms to be considered following additional consultation, detailed policy development and implementation planning.

In January 2024, the Victorian Government commissioned the Sentencing Advisory Council to deliver the Sentencing Occupational Health and Safety Offences in Victoria: Report and Recommendations (the Report).

The Report was published in February 2025 and provided a comprehensive review of the sentencing of occupational health and safety (OHS) offences in Victoria.

As a result of the Report, and the Victorian Government’s response, the following changes have been made:

• a framework to allow impact statements to be made in sentencing proceedings involving offences under the OHS Act has been introduced (recommendation one)
• health and safety undertakings have been replaced with health and safety orders which
  • remove the need for offenders to consent these orders
  • broaden and extend the application of these orders
  • allow courts to require offenders to undertake improvement projects
  • increase penalties for the contravention of these orders (recommendation four)
• 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 have been increased (recommendation eight).

In recommendation one of the Report, the Council noted that participation of affected persons through the use of impact statements assists Courts in determining an appropriate sentence.

In response to this recommendation, the changes establish a framework allowing impact statements to be made in sentencing proceedings involving offences under the Occupational Health and Safety Act 2004 (OHS Act).

The new framework permits the Court, if it considers it appropriate to do so, to allow a person to make an impact statement. Those who can provide impact statements may include:

• an employee or other person who has sustained injury, loss or damage that is related to the prosecuted risk to health and safety
• family members or relatives of these employees or other persons 
• a health and safety representative that has exercised functions and powers under the OHS Act in relation to the prosecuted risk to health and safety
• persons who witnessed an event relevant to the offence.

The new framework for impact statements will commence on 10 September 2027 unless proclaimed earlier.

If a person is found guilty of an offence under the OHS Act, the court may impose a health and safety order on the offender through sentencing proceedings.

A health and safety order is a sentencing order that enables a court to adjourn sentencing proceedings for up to five years to require an offender to comply with conditions under the order, including to undertake specific activities that improve occupational health and safety within their organisation or more broadly across an industry. 

The conditions of the order also require the offender:

• not to commit another offence under the OHS Act;
• to appear before the court if called on to do so during the period of the health and safety order.

Under a health and safety order, courts may require offenders to:

• engage OHS consultants
• undertake audits
• implement risk management systems
• undertake specified projects for the general improvement of occupational health, safety and welfare.

These changes must commence by 10 September 2027.

The new reckless endangerment framework contains two reckless endangerment offences and increases available penalties. The new offences will apply where reckless conduct creates a danger of serious injury, serious illness or death.

The maximum penalty for an individual will be:

• 10,000 penalty units
• 10 years imprisonment, or
• both.

The maximum penalty for a body corporate will be 50,000 penalty units.

The reforms are intended to strengthen both deterrence and accountability for the most serious forms of reckless conduct.

The increased penalties reinforce the seriousness of conduct that exposes people to risks of death, serious injury or serious illness, while the revised offences ensure that courts have access to penalties that better reflect the gravity of such conduct.

The reforms are also intended to encourage duty holders to identify and control serious risks before an incident occurs and reinforce the importance of complying with occupational health and safety duties.

These changes must commence by 10 September 2027.

The following changes impact common law claims for dust-related conditions:

• common law rights for workers with a dust-related condition attributable to occupational dust exposure occurring between 12 November 1997 and 20 October 1999 have been reinstated
• all workers with dust‑related conditions will be able to seek a second award of damages if they develop a subsequent dust-related condition from the same occupational dust exposure
• the existing time limits imposed on bringing a common law action by a worker with a dust‑related condition, or the dependants of a deceased worker who had a dust-related condition have been removed
• workers with dust-related conditions will be able to commence proceedings in the Supreme Court of Victoria without needing to complete the pre-litigation process that generally applies to common law claims by injured workers.

The changes also require the Minister to review the dust-related condition amendments within 18 months of these changes commencing.

The changes apply to a worker who has:

• a dust-related condition as defined under the Administration and Probate Act 1958; or
• an eligible progressive disease (as defined under the Workplace Injury Rehabilitation and Compensation Act 2013) attributable to or related to exposure to occupational dust

This includes a range of conditions such as:  

• asbestosis
• mesothelioma
• silicosis
• scleroderma with silicosis
• lung cancer with silicosis
• coal dust pneumoconiosis
• any other pathological condition of the lungs, pleura, peritoneum or sinus that is attributable to dust.

Reforms associated with dust-related conditions in the Act commenced the day after Royal Assent, on Friday 2 October 2026.

The forms of security self-insurers and non-WorkCover employers may use to fulfill their financial guarantee requirements under the Workplace Injury Rehabilitation and Compensation Act 2013 have been expanded.

This change enables surety bonds to be used in addition to the existing option of a bank guarantee.

This amendment will reduce regulatory burden and the costs self-insurers and non-WorkCover employers incur to meet their financial guarantee requirements.

A surety bond is a legally binding arrangement under which the provider guarantees that the self-insurer or non-WorkCover employer will fulfil its obligations to WorkSafe. If the employer defaults, the surety bond issuer compensates WorkSafe and then seeks to recover those costs from the employer.

The issuer of a surety bond charges a fee but does not require a deposit, unlike a bank guarantee.

The financial support for eligible children affected by the death of a parent as a result of a transport accident has been increased.

The increased benefits will take effect from 1 November 2026.

This change is in response to recommendation 6 of the Legislative Council’s Legal and Social Issues Committee’s inquiry into claims made through the Transport accident Commission (TAC).

The Victorian Legislative Council conducted an inquiry into claims made through the Transport Accident Commission (TAC) to examine claim processes, stakeholder concerns, and opportunities for improving transparency, timeliness, and client outcomes. The inquiry’s final report was published in August 2026.

In September 2026 the Victorian Government tabled their response to the inquiry, supporting in full recommendations 2 – 13.

SDA is accommodation designed to meet a person’s disability support needs. For example, these properties may include wider doorways, wheelchair accessible sinks, ceiling hoists, or button operated doors.

The changes clarify that WorkSafe and the TAC are not liable to fund accommodation costs associated with an SDA. This only confirms the current practice and does affect any existing arrangements for any WorkSafe or TAC clients.

These amendments do not affect eligible TAC and WorkSafe clients’ entitlements to SDA dwellings under the National Disability Insurance Scheme.

Changes have been made to simplify how fees and costs payable to Medical Panel members are set, to reduce the administrative burden.

Under the changes, the schedule of fees and costs will be set by the responsible Minister and published in the Government Gazette.

No changes have been made to the level of fees.