Victoria’s 2026 HSR Reforms: Passed, With Most Changes Due in 2027

Illustrative AI-generated image of a safety meeting. It does not show an Orchard Tech workplace, client or worker.

Victoria | Legal position reviewed 26 October 2026. The Workplace Legislation Amendment (Accident Compensation and Other Matters) Bill 2026 received Royal Assent on 1 October and is now an Act. Its health and safety representative (HSR) and authorised representative reforms are generally scheduled for 10 September 2027 unless proclaimed earlier. An Act can be law while particular provisions have not commenced. Supervisors should keep using the current Occupational Health and Safety Act 2004 powers until the relevant changes begin.

Imagine an elected HSR asking for induction and near-miss records after a packing-shed hazard, while an authorised representative visiting the site notices another possible safety issue. The request deserves a prompt, careful response. It should not be answered by treating every power described in the new Act as already operating.

What changed on 1 October?

The Victorian legislation register records Royal Assent on 1 October 2026. WorkSafe says the Act includes changes to OHS representation, enforcement and other workplace legislation. Some governance, specialist disability accommodation and dust-related reforms applied from 2 October. The HSR and authorised representative changes discussed here have a later commencement date, unless proclaimed sooner. Different parts of the Act therefore have different legal status today.

What is planned for HSRs and authorised representatives?

WorkSafe’s official questions and answers describe the first stage of reforms following the Independent Review of Employee Representatives. Subject to commencement, they include:

• clearer powers to inspect and copy documents relevant to a suspected OHS contravention, with limits tied to what is reasonable and existing privacy and confidentiality law;
• rules for the use and disclosure of photographs, recordings and information obtained under OHS representative powers;
• an ability for an authorised representative to investigate another suspected contravention identified during a lawful workplace entry, subject to the Act’s conditions;
• WorkSafe inspector determinations on certain unresolved multi-employer designated work group matters; and
• changes to provisional improvement notice formats and protections against coercion.

This is a summary, not permission to copy every employee file or publish workplace images. WorkSafe explains that a document request must be connected to the suspected contravention and reasonable in the circumstances. Personal, sensitive and otherwise protected information still requires appropriate handling. The detailed Act and commencement notice govern each power.

What should a Victorian farm do now?

1. Use current HSR and entry rules. Identify the elected HSR, their designated work group and the relevant permit or notice where an authorised representative enters. WorkSafe’s current HSR guidance remains a useful starting point.
2. Consult workers on safety changes. A future reform does not suspend existing consultation duties. Ask the workers who use a route, machine or chemical process what risks they see before changing it.
3. Handle records by relevance. Locate the safety material needed for a legitimate enquiry and protect unrelated personal, payroll, visa and health information. Seek advice on a contested disclosure rather than releasing a whole file by default.
4. Assign an owner for the commencement check. Before changing a farm procedure, confirm whether the relevant provisions have been proclaimed. WorkSafe currently says 10 September 2027 unless earlier proclamation for the OHS representation and enforcement package.

Labour hire can involve more than one employer and designated work group. A host and provider should coordinate their response, identify who holds the relevant records and avoid assuming one organisation has answered for the other. Our guide to provider and host safety duties explains that shared responsibility.

A briefing sentence that stays accurate

“Victoria passed a workplace reform Act on 1 October 2026. Some provisions already operate, but the HSR and authorised representative changes discussed here are scheduled for 10 September 2027 unless proclaimed earlier. We will follow current law and check WorkSafe before changing our procedure.”

This is general Victorian information, not advice on a particular entry, document request or improvement notice. Recheck the WorkSafe commencement page and the authorised Act before relying on a new power.

About the author

Hari Yellina is Chief Executive Officer at Orchard Tech.