The Sentencing of OHS Offences in Victoria

admin • March 11, 2025

The Sentencing Advisory Council (SAC) has recently reviewed the sentencing of breaches of the Victorian Occupational Health and Safety Act 2004. Through their review, they discovered that there is a need to change sentencing practices in Victoria. They found that punishments were often not appropriate and not in line with community expectations, and that sentencing orders such as adverse publicity orders and health and safety orders are being underutilised. In addition, many fines are going unpaid.


Following a period of review and consultation, the SAC has recently published its’ report into the sentencing of OHS offences in Victoria.


The SAC have made 12 recommendations, divided into 3 categories:


1.     Victim related recommendations

– relating to victim impact statements and restorative justice.

2.     Sentencing Practices

– relating to enforceable undertakings/ health and safety orders, adverse publicity orders, increasing penalties for OHS breaches and the inclusion of Sentencing Guidelines in the OHS Act.

3.     Fine Payment

– relating to fines being paid to WorkSafe, reviews of fines outstanding, declared director notices and successor liability.


The recommendation to introduce Sentencing Guidelines would follow the example of the UK, where they already exist. However, Victoria will represent a world first if these guidelines are introduced as recommended – in legislation.


If implemented, this suite of changes could lead to much improved Occupational Health and Safety outcomes for Victorian workplaces.


Interested in finding out more? Take a look at: Sentencing Advisory Council Recommends Major Changes to Sentencing of Workplace Safety Offences | Sentencing Council

By admin July 28, 2025
When it comes to workplace safety, the stakes are high. When it comes to safety training, BeSafe Victoria has emerged as a leader, setting the gold standard for occupational health and safety (OHS) education in Regional Victoria. Here’s why they stand out as the best safety trainers: 1. Passion for Safety At BeSafe Victoria, safety isn’t just a job—it’s a calling. Their team lives and breathes safety education, driven by a genuine passion for creating safer workplaces. BeSafe Victoria’s team is driven by a genuine commitment to creating safer workplaces. Their approach makes their training impactful and memorable. 2. WorkSafe-Approved As a WorkSafe-approved provider , BeSafe Victoria ensures their courses meet the highest standards. Their Health and Safety Representative (HSR) training courses include 5 Day HSR Initial OHS Training and 1 Day HSR Refresher OHS Training Courses. This stamp of approval ensures participants receive credible and up-to-date training, with the added benefit of BeSafe’s passionate delivery and follow-up support. 3. Regional Reach with Local Expertise Although headquartered in Ballarat, BeSafe Victoria’s impact extends far beyond. Their experienced trainers are available to deliver courses across all regional areas of Victoria, ensuring that even remote workplaces have access to top-tier safety education. BeSafe have booked courses in Morwell, Shepparton, Wodonga, Ararat, Portland, Traralgon, Bendigo and more. This regional focus makes them an invaluable resource throughout the state – booking courses anywhere there is a demand – just get in touch. BeSafe is passional about bringing OHS training to where it is needed most – in Regional Victoria. 4. Ongoing Suppor t Beyond Training Their commitment doesn’t end with training - BeSafe is committed to providing ongoing support. BeSafe offers free follow-up support and assistance to help their network of participants after they finish training and are working to resolve safety issues in their workplace. 5. Leaders training for Every Workplace BeSafe knows that being a great leader means understanding your OHS obligations. They also understand that many managers and supervisors don’t feel confident that they have enough OHS knowledge. That’s why BeSafe have developed a Leaders Introduction to OHS Course – to help managers and supervisors develop their OHS Leadership skills and understanding. Safety Starts with BeSafe Victoria In a world where workplace safety can mean the difference between life and death, choosing the right training provider is crucial. BeSafe Victoria’s passion, expertise, and commitment to excellence make them the clear choice for Regional Victorians. Ready to take the first step toward a safer workplace? BeSafe Victoria is here to guide you every step of the way. Get in touch at: HSR Training and support | BeSafe | Regional Victoria
By admin July 14, 2025
An updated list has been published of The ‘BIGGEST BIGGEST OFFENDERS’ in OHS Crimes . This list names and shames the companies which have been deemed worthy of the largest fines handed down by judges for offences under the Victorian Occupational Health and Safety Act 2004 . It makes an interesting, albeit sobering, read. The list (see below) has been compiled and published by the OHSIntros BLOG and has recently been updated with offenders from the last 2 years. In the last 35 years, according to OHSIntros ’ records, there have been 31 cases which have incurred a fine over $500,000. These companies have been collectively responsible for the deaths of 23 workers and a number of other serious incidents. 21 of these incidents involved plant, thus representing the majority of the cases. The incidents are all horrific, with many involving crushing, entrapment and falls – leading to violent deaths and horrendous injuries. The top fine was a penalty of $3 million, as a result of LH Holdings Management Pty Ltd being charged under Workplace Manslaughter Legislation and fined in 2024. A number of high-profile cases can be seen on this list. However, there are many well known cases which are not featured here, due to the fact that their sentences did not hit the $500K threshold. This perhaps raises concerns relating to The Sentencing of OHS Offences in Victoria . The list is a sobering one, listing a series of gruesome and tragic deaths – the result of safety crimes. In the words of OHSIntros’ – these are “the worst of crimes because [they] could have been prevented.” Image sourced from OHSIntros BLOG: https://www.facebook.com/100064446622188/posts/1127076076117269/?mibextid=rS40aB7S9Ucbxw6v *OHS Intros is a Workplace Safety page which provides ‘training, documentation and advice on Workplace Safety’: Facebook