Victorian Current Acts Victorian Current ActsNo. 107 of 2004
Version incorporating amendments as at
31 March 2024
ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ
Version No. 044
Occupational Health and Safety Act 2004
No. 107 of 2004
Version incorporating amendments as at
31 March
2024
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 18 November 2004
Legislative Council: 14 December 2004
The long title for the Bill for this Act was "to promote and improve standards for occupational health, safety and welfare, to repeal the Occupational Health and Safety Act 1985 and for other purposes."
The Occupational Health and Safety Act 2004 was assented to on 21 December 2004 and came into operation as follows:
Part 2 Division 6 (section 19) and section 172(2) on 22 December 2004:
s. 3(3); Parts 1 (sections 1–6), 2 (except Division 6), 3 (except
section 28), 5 (sections 37–39), 6 (sections 40–42), 7
(sections 43–78),
8 (sections 79–94), 9 (sections 95–126),
10 (sections 127–129),
11 (sections 130–148), 12 (sections
149–151), 13 (sections 152–158), 14 (except s. 172(2)), 15
(sections 177–186) on 1 July 2005: s. 3(1);
Part 4 (sections
35, 36) on 1 January 2006: section 3(4); section 28 on 1 July 2006:
section 3(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Occupational Health and Safety Act 2004 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Occupational Health and Safety Act 2004, No. 107/2004
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Assent Date: |
21.12.04 |
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Commencement Date: |
S. 192 inserted on 21.10.20 by No. 27/2020 s. 15: s. 2 (as amended by Nos 11/2021 s. 207, 53/2021 s. 30, 11/2022 s. 10) |
|
Note: |
S. 192 repealed Pt 16 (ss 189–192) on 26.10.22 |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Accident Compensation (Amendment) Act 2005, No. 28/2005
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Assent Date: |
21.6.05 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005, No. 31/2005
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Assent Date: |
21.6.05 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Health Professions Registration Act 2005, No. 97/2005
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Assent Date: |
7.12.05 |
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Commencement Date: |
S. 182(Sch. 4 item 38) on 1.7.07: s. 2(3) |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
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Assent Date: |
13.6.06 |
|
Commencement Date: |
S. 94(Sch. item 36) on 1.7.06: Government Gazette 29.6.06 p. 1315 |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006
|
Assent Date: |
29.8.06 |
|
Commencement Date: |
S. 61(Sch. item 26) on 30.8.06: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Statute Law Revision Act 2007, No. 28/2007
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Assent Date: |
26.6.07 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Dangerous Goods Amendment (Transport) Act 2008, No. 66/2008
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Assent Date: |
18.11.08 |
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Commencement Date: |
S. 32 on 1.1.09: Government Gazette 18.12.08 p. 2998 |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Resources Industry Legislation Amendment Act 2009, No. 6/2009
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Assent Date: |
3.3.09 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Fair Work (Commonwealth Powers) Act 2009, No. 24/2009
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Assent Date: |
17.6.09 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Occupational Health and Safety Amendment (Employee Protection) Act 2009, No. 34/2009
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Assent Date: |
30.6.09 |
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Commencement Date: |
1.7.09: s. 2(2) |
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Current State: |
All of Act in operation |
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
|
Assent Date: |
24.11.09 |
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Commencement Date: |
S. 97(Sch. item 90) on 1.1.10: Government Gazette 10.12.09 p. 3215 |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
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Assent Date: |
24.11.09 |
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Commencement Date: |
S. 54(Sch. Pt 1 item 40) on 1.1.10: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010
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Assent Date: |
23.3.10 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010
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Assent Date: |
30.3.10 |
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Commencement Date: |
S. 51(Sch. item 39) on 1.7.10: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011
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Assent Date: |
22.11.11 |
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Commencement Date: |
S. 107(Sch. item 10) on 16.1.12: Special Gazette
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013
|
Assent Date: |
4.6.13 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013
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Assent Date: |
12.11.13 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
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Assent Date: |
3.6.14 |
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Commencement Date: |
S. 10(Sch. item 117) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Statute Law Revision Act 2015, No. 21/2015
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Assent Date: |
16.6.15 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Treasury and Finance Legislation Amendment Act 2016, No. 41/2016
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Assent Date: |
28.6.16 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
WorkSafe Legislation Amendment Act 2017, No. 48/2017
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Assent Date: |
26.9.17 |
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Commencement Date: |
Ss 9, 20, 23, 24, 26 on 27.9.17: s. 2(1); ss 10–19, 21, 22, 25 on 26.10.17: Special Gazette (No. 359) 24.10.17 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Oaths and Affirmations Act 2018, No. 6/2018
|
Assent Date: |
27.2.18 |
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Commencement Date: |
S. 68(Sch. 2 item 91) on 1.3.19: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Treasury and Finance Legislation Amendment Act 2018, No. 49/2018
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Assent Date: |
25.9.18 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019, No. 50/2019
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Assent Date: |
3.12.19 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Local Government Act 2020, No. 9/2020
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Assent Date: |
24.3.20 |
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Commencement Date: |
S. 390(Sch. 1 item 74) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Crimes Amendment (Manslaughter and Related Offences) Act 2020, No. 16/2020
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Assent Date: |
10.6.20 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020
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Assent Date: |
20.10.20 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021
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Assent Date: |
23.3.21 |
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Commencement Date: |
S. 207 on 24.3.21: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Occupational Health and Safety and Other Legislation Amendment Act 2021, No. 36/2021
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Assent Date: |
21.9.21 |
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Commencement Date: |
Ss 6, 7, 15−19, 29−32 on 22.9.21: s. 2(1); ss 4, 5 on 22.3.22: s. 2(2); s. 8 on 22.9.22: s. 2(3) |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, No. 53/2021
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Assent Date: |
7.12.21 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Workplace Safety Legislation and Other Matters Amendment Act 2022, No. 10/2022
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Assent Date: |
16.3.22 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Act 2022, No. 11/2022
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Assent Date: |
29.3.22 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Act 2024, No. 8/2024
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Assent Date: |
13.3.24 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004 |
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
No entries at date of publication.