Expanded safety powers for health and safety representatives in Victoria

Employers need to be aware of increased powers for HSRs and union officials and prepare for how they will manage and respond to the use of those powers.

The Workplace Legislation Amendment (Accident Compensation and Other Matters) Bill 2026 (Vic) (Bill) was introduced into the Victorian Parliament on 11 August 2026 by the Minister for WorkSafe and the TAC, Steve Dimopoulos. The Bill implements recommendations from an independent review of employee representatives under the Occupational Health and Safety Act 2004 (Vic) (OHS Act).

Part 5 of the Bill proposes a number of significant changes to the OHS Act in relation to the powers of health and safety representatives and authorised representatives of registered employee organisations, and introduces new offences prohibiting coercive conduct. It is anticipated that the Bill will pass in the next few weeks. We set out an overview of the key changes below.

HSR document access powers

A new section 58(1)(ac) of the OHS Act will provide HSRs with an express power to inspect and copy or take extracts from any document at the workplace. This clarifies the scope of existing HSR enquiry powers and formalises a document access power that was previously implied but not expressly stated.

The explanatory memorandum notes that this power is intended to improve the ability of HSRs to identify, understand and help resolve OHS issues, including psychosocial hazards, where relevant risks and controls may be primarily evidenced in documents rather than being readily observable at the workplace.

Prohibition on online publication of workplace materials

A new section 58A of the OHS Act will prohibit a HSR from publishing online or causing to be published online any of the following information obtained in the exercise of powers under Part 7:

(a) photographs or measurements taken or sketches or recordings made in the exercise of a power under section 58(1)(ab);

(b) copies or extracts of documents made or taken in the exercise of a power under new section 58(1)(ac); and

(c) any other information the HSR acquired from an employer in the exercise of a power under Part 7.

“Publish online” is defined in new section 91(2) to mean disseminating or providing access to the public, or a section of the public, by broadcast on the Internet or by electronic communication (including social media). This is a broad definition that extends beyond traditional social media platforms to any form of Internet-based dissemination.

An HSR who contravenes section 58A may be disqualified under new sections 56(1)(d)-(f) of the OHS Act, which expand the grounds on which an employer may apply to the Magistrates’ Court for an HSR’s disqualification to include the intentional misuse, publication or online publication of information or material obtained through statutory powers. The explanatory memorandum states that the prohibition responds to concerns about the public dissemination of workplace material through live streaming, online publication and social media, where there is no clear OHS benefit in communicating that material to persons with no direct connection to the issue. Examples we have seen in the past are selectively edited videos to embarrass site managers or threaten to damage their reputation.

WorkSafe may now determine disputes for multi-employer designated work groups

A new section 48A will provide that any party to a negotiation concerning a designated work group or groups (including a negotiation for a variation of an agreement) may, if agreement is not reached within a reasonable time, ask WorkSafe to arrange for an inspector to determine the unresolved particulars. The inspector’s determination is binding - the inspector must give written notice of the determination to the parties, and the parties must give effect to it. This is a reviewable decision under section 127 of the OHS Act.

The explanatory memorandum notes that this addresses a gap in the current regime, whereby WorkSafe Inspectors could make binding determinations regarding the formation of single-employer designated work groups, but not for multi-employer arrangements.

Expanded entry powers of authorised representatives (ARREOs)

The Bill substitutes section 87(2) of the OHS Act to expand the purposes for which an authorised representative (such as a union official holding an entry permit) may remain at a workplace after entry. Under the current provision, an authorised representative who enters a workplace to enquire into a suspected contravention must leave and re-enter if a further issue is identified during the visit. Under the substituted section 87(2), an authorised representative may remain at the place to enquire into any other suspected contravention identified while already attending, subject to a requirement under new section 88(3) to give notice of the further suspected contravention before enquiring into it.

A new section 89(1)(bb) will provide authorised representatives an express power to inspect and copy or take extracts from any document at the place, subject to the limitations at section 90. As with HSRs, this power does not displace existing privacy, secrecy or confidentiality provisions under other laws. Similar restrictions on misuse and online publication apply to authorised representatives under amended section 91 of the OHS Act, with offences for intentional misuse, publication, or online publication of material obtained through entry powers.

New offences for threats, intimidation and coercion against HSRs and ARREOs but also by those persons

The Bill creates offences for threatening, intimidating or coercing a person in connection with the exercise of powers, the performance of functions, or the engagement in processes under Parts 7 and 8 respectively. This includes coercion in relation to HSR nominations and elections, the exercise of HSR powers, and the exercise of ARREO entry powers.

The offences carry maximum penalties of 500 penalty units (currently $109,200) for a natural person and 2,500 penalty units (currently $546,000) for a body corporate. A person may also apply to the Magistrates’ Court for a restraining order to prevent conduct contravening the prohibition. A defence is available where the action taken is one the person has a legal right to take, or is reasonable in the circumstances.

The independent review found evidence of alleged discriminatory conduct towards HSRs which resulted in them being unable or afraid to perform their role, and alleged weaponisation of HSR and entry permit powers for non-OHS purposes. The new offences are intended to address both sides of this issue, protecting those exercising statutory powers from improper pressure, while also deterring HSRs and ARREOs from misuse of those powers.

Timeframe for implementation

If the Bill passes both houses, it is proposed that the Bill’s OHS provisions will commence on a day to be proclaimed (and no later than 10 September 2027).