“On the spot” fines for Victorian OHS offences starting on 31 July 2021

On 20 July 2021 new regulations, known as the Occupational Health and Safety Amendment (Infringements and Miscellaneous Matters) Regulations 2021 (Vic), were made to establish a safety infringement notice scheme in Victoria (Scheme).


Under the Scheme, which commences on 31 July 2021, WorkSafe inspectors will have the power to issue “on-the-spot” fines to employers and other duty holders, including workers, who are found to be in breach of particular provisions of the OHS Act and the OHS Regulations.


The Scheme permits WorkSafe inspectors to issue infringement notices in respect of 54 prescribed offences, such as:

• a failure by an employer to allow a health and safety representative(HSR) to have access to information relating to the HSR’s designated work group identified in section 69(1)(a) of the OHS Act;


• an employer allowing an employee to perform high risk work without an appropriate high risk work licence;


• a person (i.e. a worker) who holds a construction induction card not keeping the card available for immediate inspection on request;

• a failure by an employer or self-employed person to keep a copy of a safe work method statement for high risk construction work for the duration of that work;


• a failure by the principal contractor for a construction project to keep, and make available for inspection, a copy of a health and safety co-ordination plan (and any revisions to that plan) for the duration of the project.


For an individual, the fine will be up to $363.48. For a company, the fine can be up to $1,817.40.


The intent behind the Scheme appears to be to use infringement notices to punish offences where the contraventions are clear and do not need to be established through a detailed investigation process.


WorkSafe is not precluded from taking other remedial action against a person simply because an inspector issues them with an infringement notice. For example, it will remain open to the inspector to issue an improvement or prohibition notice to the recipient of an infringement notice. However, the intention appears to be that if an infringement notice is issued, it is unlikely that a prosecution for the same offence will follow.

It will be important for anyone who receives an infringement notice to ensure that it has been validly issued and seek advice about whether it is susceptible to challenge.


This article was reproduced with permission from Kingston Reid and if you would like to discuss how these developments impact upon your business please do not hesitate to contact the Kingston Reid team on the below numbers.


John Makris
Partner
+61 2 9169 8407
john.makris@kingstonreid.com

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Zenergy News

April 14, 2026
Australia’s labour market continues to show strong and resilient demand for WHS (Work Health and Safety) professionals. This demand is being driven by ongoing infrastructure development, mining and resources activity, the rapid expansion of renewables, and increasingly strict regulatory requirements across high-risk industries such as construction and transport. At the same time, job listings on platforms like SEEK remain elevated nationally, often reaching into the thousands. A significant proportion of these roles are advertised as contract or temporary positions, reflecting both project-driven demand and ongoing skills shortages across the WHS sector. The Rise of Contingent Work in WHS Contingent employment arrangements are now a defining feature of the WHS labour market. This is largely due to the project-based nature of safety work, seasonal and regional demand fluctuations, and the need for highly specialised expertise without long-term overheads. Recent estimates suggest contingent workers make up more than one-third of the Australian workforce, with growth driven by economic uncertainty, flexibility requirements, and ongoing skills shortages across trades, health, and compliance-heavy industries. Why Companies Are Choosing Contingent WHS Professionals Organisations are increasingly turning to contractors and interim WHS professionals for several key reasons: Flexibility and scalability Businesses can quickly scale WHS resources up or down depending on project requirements, peak workloads, or shutdown periods. This flexibility is particularly important in volatile sectors such as construction, mining, and infrastructure. Project-based budgeting advantages In the HSEQ sector, contingent labour is typically allocated to project cost centres rather than permanent headcount. This creates a clearer P&L structure and allows hiring managers to secure specialist expertise without impacting permanent staffing budgets. Cost efficiency Contract WHS professionals reduce exposure to full employee costs such as superannuation, leave entitlements, training, and onboarding. This makes them particularly attractive for short-term or budget-sensitive projects. Access to specialist expertise Ongoing skills shortages in WHS—particularly in areas such as psychosocial risk, silica exposure management, and high-risk industries—make it difficult to secure permanent talent. Contractors provide immediate access to experienced specialists with proven capability. Risk mitigation and compliance agility Regulatory change is accelerating, including psychosocial health mandates and updated exposure standards from 2026. Contractors enable organisations to respond quickly to audits, investigations, and compliance requirements without long-term commitments. Project alignment Many WHS roles are tied directly to infrastructure builds, site mobilisation, shutdowns, or compliance rollouts, making contract or FIFO arrangements a natural fit. Broader workforce trends Across Australia, organisations are increasingly adopting flexible workforce models to manage uncertainty, test talent before permanent conversion, and address ongoing labour shortages. State-by-State WHS Market Overview New South Wales (NSW) NSW continues to operate under the WHS framework (Work Health and Safety Act 2011 and Regulation 2025), with high demand across construction, infrastructure, and transport. There are typically 800+ WHS/OHS listings statewide, with many roles being contract-based due to large public sector projects and civil infrastructure programs. Key drivers: Major infrastructure programs Psychosocial and silica compliance requirements Government contractor frameworks enabling flexible hiring Major projects: Western Sydney International Airport (opening 2026) Sydney Metro West Hunter-Central Coast Renewable Energy Zone Powerhouse Parramatta redevelopment Outlook 2026: Steady demand, with contingent roles dominating large-scale project environments. Victoria (VIC) Victoria operates under the Occupational Health and Safety Act 2004, with new Psychological Health Regulations coming into effect in late 2025. Demand remains strong, with approximately 800–900+ listings, particularly in construction, education, and public infrastructure. Key drivers: Psychosocial regulation rollout Compliance-focused hiring Major infrastructure delivery Major projects: Metro Tunnel (operations and integration phase) North East Link Suburban Rail Loop (early works) Inland Rail Victorian sections West Gate Tunnel Outlook 2026: High demand driven by regulation and infrastructure momentum, with strong reliance on contingent expertise. Queensland (QLD) Queensland continues to show strong WHS demand across mining, resources, and construction sectors. There are typically 700+ listings, with FIFO and contract arrangements widely used. Key drivers: Mining and resource expansion Regional and remote project delivery Transport and logistics complexity Major projects: Cross River Rail Bruce Highway upgrades Gold Coast Light Rail Stage 4 Inland Rail developments Mining expansions across central Queensland Outlook 2026: Stable to strong, with contingent roles essential for FIFO and project-based delivery. Western Australia (WA) Western Australia remains one of the tightest WHS labour markets in the country, driven heavily by mining and resources. There are typically 600+ listings, with a strong reliance on FIFO and contract arrangements. Key drivers: Ongoing skills shortages Remote and high-risk operations Major mining expansions Major projects: Rio Tinto West Angelas Sustaining Project BHP Pilbara expansions Rhodes Ridge development studies Lithium, gold, and copper projects across the state Outlook 2026: Very strong demand, with contingent work essential to maintain workforce capacity. South Australia (SA) and Other Jurisdictions South Australia, along with the NT, Tasmania, and ACT, continues to show moderate but steady WHS demand across renewables, infrastructure, and public sector work. Key drivers: Renewable energy transition projects Smaller labour markets requiring flexibility Compliance and infrastructure delivery Major projects: EnergyConnect transmission project Goyder Renewables Zone Hydrogen Park SA expansions Inland Rail-related regional activity Outlook 2026: Moderate growth, with contingent labour supporting project peaks and specialist needs. Overall Outlook for 2026 The Australian WHS and OHS labour market is expected to remain strong and continue expanding through 2026. Key drivers include: Increasing regulatory requirements (including psychosocial risk and exposure standards) Ongoing infrastructure and renewables investment Persistent skills shortages in safety-critical roles Continued growth in project-based and FIFO work models Resource-heavy states such as Western Australia and Queensland, along with populous infrastructure-driven states like New South Wales and Victoria, will continue to lead demand. Key Challenges and Opportunities Challenges: Ongoing WHS talent shortages Increasing complexity of compliance requirements Coordination between contractors and host employers Opportunities: High demand for psychosocial and high-risk safety specialists Strong market for experienced contractors and FIFO professionals Growth in project-based and renewable energy safety roles Final Summary Contingent employment has become a core feature of Australia’s WHS labour market. Organisations are increasingly relying on flexible workforce models to manage cost, compliance, and project delivery pressures. For WHS professionals, this environment presents strong opportunity—particularly for those with specialist skills, regulatory expertise, and experience in high-risk or infrastructure-heavy industries. The market continues to reward adaptability, with contract and project-based work playing a central role in shaping the future of WHS in Australia.
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