WorkSafe Victoria: New Infringement Notices Scheme

As of 31st of July 2021, WorkSafe is providing inspectors with the ability to issue fines for offences on the spot. These fines are called Infringement Notices.

We attended the WorkSafe Victoria Infringement Notices Webinar to understand exactly what this means for construction workers and what you need to know.

You can read the official notice from Worksafe here.

What can you get Infringement Notices for?

There are 54 offences that you can get an infringement notice for. These include:

• A person undertaking work without a required license, registration, qualification, experience or supervision (for example, not having a white card)
• The use of equipment or substances that are not licensed or registered as required
• Failing to meet various duties relating to the removal and storage of asbestos
• Failure to keep various required records

They will be made available on the Worksafe Victoria website shortly, and we'll also post them.

What do you need to do?

There aren't any changes to the obligations you already had. The Infringement Notices are another tool that WorkSafe can use to ensure compliance with the existing obligations. These obligations are available in Schedule 20 of The Act.

How much can you get fined?

Directly from the WorkSafe Victoria website:

"Fines will vary depending on the nature of the offence and range from 0.5 penalty units to 10 penalty units ($1817.40) for a corporation and up to two penalty units ($363.48) for an individual."

What will be on the Infringement Notice?

• Information about offence
• How much is owed
• Ways to resolve the notice

How long will you have to pay a fine?

There will be at least 21 days to pay the fine. This is processed through WorkSafe Victoria.

What will the money be used for?

The money will go directly to the Victorian Workers Compensation Scheme.

Can you be fined for an offence in the past?

No, only offences from the 31st of July 2021 can be issued an Infringement Notice.

Can I appeal the offence?

Yes, you can appeal it via the WorkSafe Victoria internal review team or via the court system.

Does an inspector have to issue an Infringement Notice for an offence?

The inspector has discretion on what action to take on the day.

‍

How can BuildPass help?

For employers

• Dashboard to show when tickets are missing or expired
• Toolbox talks
• Communication tool

‍