Occupational Health and Safety Act 2004 (Vic), plain-English definition from TheAICommand
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What is the Occupational Health and Safety Act 2004 (Vic)?

Victoria's principal workplace safety statute. Victoria never adopted the model WHS laws, so the Act runs on employer and employee duty holders, with the core employer duty in section 21 and the consultation duty in section 35.

Quick answer

The Occupational Health and Safety Act 2004 is Victoria's principal workplace safety statute. Victoria never adopted the model WHS laws, so the Act uses employer and employee duty holders rather than PCBUs. Section 21 sets the core employer duty and section 35 the consultation duty, each qualified by so far as is reasonably practicable.

Verified against the current authoritative text on by the TheAICommand editorial team.

This page is an educational summary for professionals working with AI. It is not the law and not legal advice. Always work from the current authoritative text linked below.

What does the Occupational Health and Safety Act 2004 (Vic) do?

Victoria's principal workplace health and safety statute. Section 21 requires an employer, so far as is reasonably practicable, to provide and maintain a working environment that is safe and without risks to health, and section 35 requires consultation with employees who are, or are likely to be, directly affected. The current authorised text is version 045, effective 6 August 2025.

Who does it bind?

Employers owe the core section 21 duty to employees, extended by section 21(3) to independent contractors and their employees for matters the employer controls. Separate duties bind the self-employed, workplace managers and controllers, designers, manufacturers, suppliers and employees themselves.

What do practitioners get wrong?

Importing the model regime. Victoria never adopted the model WHS Act: there is no PCBU, and officer exposure runs through section 144 attribution rather than a standalone due diligence duty. Practitioners also treat "reasonably practicable" as undefined, when section 20 sets out both the concept and its factors.

Where does AI use touch it?

Deploying an AI tool that alters how work is performed is a proposed change to the conduct of work under section 35(1)(f), so consultation runs before rollout, and section 21 covers risks the tool introduces. See AI rollout is a WHS change, officer due diligence for AI work systems and the model WHS laws Victoria stayed outside.

Bottom line

Victoria runs its own regime. Anchor employer obligations in sections 20, 21 and 35 of the authorised text, and never transplant model WHS provisions into Victorian advice.

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Frequently asked questions

Has Victoria adopted the model WHS laws?
No. Victoria retains its own Occupational Health and Safety Act 2004 rather than enacting the model WHS Act adopted elsewhere in Australia. Duty holders are employers and employees rather than PCBUs and workers, and the operative employer duty is section 21, not the model Act's section 19.
What does section 21 of the Vic OHS Act require?
Section 21(1) requires an employer, so far as is reasonably practicable, to provide and maintain for employees a working environment that is safe and without risks to health. Section 21(2) lists specific failures, including plant and systems of work, and section 21(3) extends the duty to independent contractors and their employees for matters the employer controls.
What is the current version of the Vic OHS Act?
Authorised version 045, effective 6 August 2025, published on the Victorian legislation website as the in-force text of Act No. 107/2004. Always confirm the current version before relying on section text, because the register lists each superseded version separately.

Primary sources

Where Vic OHS Act appears

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General information and education only. Not legal, compliance, financial, or professional advice. Always confirm obligations against the primary source and current regulator guidance.