Workplace Manslaughter Victoria: Bakery Fined $3.4M

Workplace Manslaughter Victoria: Bakery Fined $3.4M

A recent prosecution by WorkSafe Victoria has delivered one of the strongest workplace safety messages Australian businesses have seen in recent years. A Victorian bakery has been fined a record $3.4 million under workplace manslaughter legislation following a fatal workplace incident.

This landmark case is more than just a headline; it reflects a significant shift in workplace health and safety (WHS) enforcement and demonstrates the growing expectations placed on employers, directors, and business leaders to actively protect their workers.

For businesses across Australia, particularly small and medium-sized enterprises (SMEs), the case serves as a powerful reminder that workplace safety must be a core business priority, not simply a compliance obligation.

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WHS Legislation Amendment for Incident Notification

WHS Legislation Amendment for Incident Notification

The Explanatory Memorandum for the Model WHS Legislation Amendment (Incident Notification) 2025 outlines expanded incident notification laws covering psychosocial hazards, workplace violence, sexual assault, and work-related suicide or attempts. It also clarifies employer obligations, timeframes, and the scope of notifiable incidents

Background

  • The Model WHS Act was amended in December 2025 by the Parliamentary Counsel’s Committee
  • The Explanatory Memorandum serves as a guide for regulators, employers, and workers to understand the intent and application of the amendments

Key Changes in the Amendment

1. Expanded Definition of Notifiable Incidents

  • Psychosocial hazards included: workplace violence, sexual assault, serious psychological harm, suicide, and attempted suicide
  • Extended worker absences

2. Clarification of Section 35

  • The requirement for a causal link between the incident and the workplace has been moved into the core definition of a notifiable incident
  • This ensures consistency and reduces ambiguity for Persons Conducting a Business or Undertaking (PCBUs)

3. Notification Duties

  • PCBUs must notify regulators immediately after becoming aware of a notifiable incident
  • Site preservation
  • A new duty requires PCBUs to notify other persons with corresponding duties, ensuring broader accountability

Implications for Employers and PCBUs

  • Compliance Burden - employers must update incident reporting frameworks to include psychosocial hazards.
  • Training Needs - staff must be trained to recognise and report incidents beyond physical injuries.
  • Legal Risk - failure to comply with expanded notification duties may result in penalties and reputational damage.
  • Worker Protection

Practical Guidance for Businesses

  • Review WHS Policies - ensure incident reporting procedures align with the 2025 amendments
  • Update Risk Registers - include psychosocial hazards alongside physical risks
  • Engage with Regulators - establish clear communication channels for timely notification
  • Educate Staff - provide awareness sessions on recognising psychosocial incidents

Need Help?

The Explanatory Memorandum – Model WHS Legislation Amendment (Incident Notification) 2025 represents a significant evolution in workplace safety law. For businesses, compliance requires proactive policy updates, staff training, and a stronger focus on psychosocial risk management.

 

To know more, please contact us



 

Source: SafeWork Australia

Title: Explanatory Memorandum - Incident notification legislative amendments June 2025

Read Time: 5+ minutes

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