Tuesday, 28 July 2026

Clause 55 (18:34)

Richard WELCH: If the remit now extends beyond the work context, what guidance will be provided to people who are not employers and have never been duty holders under the Occupational Health and Safety Act 2004?

Jaclyn SYMES: They are existing duty holders.

Richard WELCH: No-one new will fall under the act that is not presently under the act as a result?

Jaclyn SYMES: Under the Dangerous Goods Act 1985 duty holders are also often those under the OH&S act, so the amendments bring duty holders from the Dangerous Goods Act into the OH&S act.

Richard WELCH: New section 35C carries up to five years imprisonment. What conduct is intended to attract it, and how does it interact with the industrial manslaughter provisions?

Jaclyn SYMES: Mr Welch, the new offence is an aggravated offence, and as you can see in relation to it being outlined in 35C, the contravention must result in the endangerment of health, safety or property or be likely to result in the endangerment of health, safety or property – and the person knew or reasonably should have known that the contravention would result in the endangerment of health, safety or property or would be likely to result in the endangerment of health, safety or property. You asked about how it could operate in the context of industrial manslaughter laws. They do not cancel each other out. There could be cases where you are charged with one or the other, depending on the conduct, or sometimes both.

Clause agreed to; clauses 56 to 171 agreed to.

Clause 172 (18:39)

Richard WELCH: I think we are looking specifically at directions, new sections 120A to 120I. How do the new direction and intervention powers under the OH&S act interact with the equivalent powers under the transport act? Can a duty holder receive inconsistent directions from inspectors acting under each?

Jaclyn SYMES: Mr Welch, they apply to different situations: one is to transport, one is to handling.

Clause agreed to; clauses 173 to 227 agreed to.

Clause 228 (18:41)

Richard WELCH: Will regulations under both acts be developed and consulted on together, given the boundary between them?

Jaclyn SYMES: Yes.

Clause agreed to; clauses 229 to 274 agreed to.

Reported to house without amendment.

 Jaclyn SYMES (Northern Victoria – Treasurer, Minister for Industrial Relations, Minister for Development Victoria and Precincts) (18:42): I move:

That the report be now adopted.

Motion agreed to.

Report adopted.

 Jaclyn SYMES (Northern Victoria – Treasurer, Minister for Industrial Relations, Minister for Development Victoria and Precincts) (18:42): I move:

That the bill be now read a third time.

Motion agreed to.

Read third time.

The DEPUTY PRESIDENT: Pursuant to standing order 14.28, the bill will be returned to the Assembly with a message informing them that the Council have agreed to the bill without amendment.