Version No. 044
No. 107 of 2004
Version incorporating amendments as at
31 March 2024
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Version No. 044
No. 107 of 2004
Version incorporating amendments as at
31 March 2024
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).
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:
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.
Assent Date:
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)
S. 192 repealed Pt 16 (ss 189–192) on 26.10.22
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
Assent Date:
Commencement Date:
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
Assent Date:
Commencement Date:
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
Assent Date:
Commencement Date:
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
Assent Date:
Commencement Date:
S. 94(Sch. item 36) on 1.7.06: Government Gazette 29.6.06 p. 1315
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:
Commencement Date:
Current State:
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004
Assent Date:
Commencement Date:
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
Assent Date:
Commencement Date:
S. 32 on 1.1.09: Government Gazette 18.12.08 p. 2998
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
Assent Date:
Commencement Date:
Current State:
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004
Assent Date:
Commencement Date:
Ss 34, 35 on 1.7.09: Special Gazette (No. 227) 1.7.09 p. 1
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
Assent Date:
Commencement Date:
Current State:
All of Act in operation
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date:
Commencement Date:
S. 97(Sch. item 90) on 1.1.10: Government Gazette 10.12.09 p. 3215
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
Assent Date:
Commencement Date:
Current State:
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004
Assent Date:
Commencement Date:
S. 800(Sch. 6 item 10) on 1.1.12: s. 2(2)
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
Assent Date:
Commencement Date:
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
Assent Date:
Commencement Date:
S. 107(Sch. item 10) on 16.1.12: Special Gazette
(No. 423) 21.12.11 p. 3
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:
Commencement Date:
Current State:
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004
Assent Date:
Commencement Date:
S. 649(Sch. 9 item 25) on 1.7.14: s. 2(1)
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
Assent Date:
Commencement Date:
S. 10(Sch. item 117) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
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
Assent Date:
Commencement Date:
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
Assent Date:
Commencement Date:
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
Assent Date:
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
Current State:
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004
Assent Date:
Commencement Date:
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
Assent Date:
Commencement Date:
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
Assent Date:
Commencement Date:
Current State:
This information relates only to the provision/s amending the Occupational Health and Safety Act 2004
Assent Date:
Commencement Date:
S. 390(Sch. 1 item 74) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
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
Assent Date:
Commencement Date:
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
Assent Date:
Commencement Date:
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
Assent Date:
Commencement Date:
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
Assent Date:
Commencement Date:
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
Assent Date:
Commencement Date:
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
Assent Date:
Commencement Date:
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
Assent Date:
Commencement Date:
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
Assent Date:
Commencement Date:
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.