Law & Rights
Overview of OHS and related legislation
This page provides an overview of the OHS legislative system in Victoria. You can find more detailed information on each of the regulations under that section.
Acts
- Accident Compensation Act 1985
- Accident Compensation (WorkCover Insurance) Act 1993
- Workers Compensation Act 1958
- Accident Compensation (Occupational Health and Safety) Act 1996
- Occupational Health and Safety Act 2004
- Dangerous Goods Act 1985
- Equipment (Public Safety) Act 1994
- Road Transport (Dangerous Goods) Act 1995
- Road Transport Reform (Dangerous Goods) Act 1995 (Commonwealth)
- Mines Act 1958
The Occupational Health and Safety Act, 2004
As of July 1, the main act covering OHS is the Occupational Health and Safety Act, 2004. The original Act was introduced in Victoria in 1985 - the 2004 Act replaced that Act following a review undertaken by Chris Maxwell, QC.
Objects of the Act (S2)
The Act is designed to provide a broad framework for improving standards of workplace health and safety to reduce work-related injury and illness. It allows duty-holders to determine their approach to achieving compliance with the Act.
The Act aims to:
- secure the health, safety and welfare of employees and other people at work;
- protect the public from the health and safety risks of business activities;
- eliminate workplace risks at the source; and
- involve employers, employees and the organisations that represent them in the formaulation and implementation of health, safety and welfare standards.
Throughout the Act, the meaning of health includes psychological health as well as physical health.
The principles of health and safety protection (S4)
The 2004 Act now has the following health and safety principles:
- all people are given the highest level of health and safety protection that is reasonably practicable;
- those who manage or control activities that give rise, or may give rise, to risks to health or safety are responsible for eliminating or reducing health and safety risks, so far as is reasonably practicable;
- employers and self-employed people should be proactive and take reasonably practicable measures to ensure health and safety in their business activities;
- employers and employees should exchange information about risks to health or safety and measures that can be taken to eliminate or reduce those risks; and
- employees are entitled, and should be encouraged, to be represented on health and safety issue.
Who is covered by the Act? (S5 & S6)
All Victorian workers are porvided with protection under this Act. This includes employees, contractors, sub-contractors, outworkers and employees in State Government departments and instrumentalities. However, employees of the Commonwealth Government are covered by different legislation (more information). The Act also provides protection for the general public so that their health and safety is not placed at risk by work activities.
For more information, go to the OHS Act.
Equipment (Public Safety) Act 1994 (S.R. No. 21/1994) and the Equipment (Public Safety) General Regulations 1995
This Act and its Regulations are intended to ensure prescribed equipment and equipment sites do not endanger the public. Thus is is for plant that is used or intended to be used in non-workplaces.
Examples of activities covered by this Legislation are:
- operation of amusement rides in a park;
- plant used at a fete organised by volunteers from a community or charitable organisation; and
- prescribed equipment used in a domestic situation.
Plant used or intended to be used in workplaces:
- Occupational Health & Safety Act 1985
- OHS (Plant) Regulations 1994
- Code of Practice for Plant 1995
- OHS (Certification of Plant Users and Operators) Regulations 1995
Copies of the all the Acts are available from Information Victoria on 1300 366 356 or downloaded from the Victorian Law Today website.
Regulations
- Accident Compensation Regulations 1990
- Accident Compensation (Self-Insurers' Contributions) Regulations 1999
- Dangerous Goods (Explosives) Regulations 2000
- Dangerous Goods (Storage and Handling) Regulations 2000
- Dangerous Goods (Transport) Regulations 1987
- Dangerous Goods (Transport by Rail) Regulations 1998
- Equipment (Public Safety) (Incident Notification) Regulations 1997
- Equipment (Public Safety) (General) Regulations 1995
- Road Transport (Dangerous Goods) (License Fees) Regulations 1998
- Workers Compensation Regulations 1995
(Copies of the OHS Act, other Acts and Regulations can purchased from Information Victoria (1300 366 356). The full text of any piece of Victorian legislation is accessible through the Victorian Law Today page of the Victorian Government Legislation Repository website.)
Road Transport Reform (Dangerous Goods) Regulations 1997
The objectives of these Regulations are -
- to provide for the licensing of vehicles used to transport dangerous goods in bulk; and
- to provide for the registration of persons who drive vehicles used to transport dangerous goods in bulk; and
- to adopt the Transport Code; and
- to specify requirements that is to be observed to enhance safety in the transport of dangerous goods.