From safetysure-whs-legislation
Complete Victorian Occupational Health and Safety Act 2004 reference. Use this skill whenever generating OHS compliance content for Victorian workplaces that requires reference to the Act's employer duties, employee duties, workplace manslaughter provisions, incident notification requirements, consultation obligations, inspector powers, or enforcement measures. Covers all parts of the OHS Act 2004 (Vic) from preliminary definitions through to transitional provisions. Note: Victoria uses OHS (not WHS) terminology — 'employer' instead of 'PCBU', 'WorkSafe Victoria' as regulator. Not intended as a standalone user tool — loaded by action skills such as swms-review and construction-audit when Victorian jurisdiction is detected.
npx claudepluginhub teddychenfeiyang-png/safetysure-plugins --plugin safetysure-whs-legislationThis skill uses the workspace's default tool permissions.
This skill provides the complete verified text of the Occupational Health and Safety Act 2004 (Vic), extracted directly from the official Victorian legislation (current as at 6 August 2025). It ensures Claude cites accurate section numbers, provisions, and requirements when producing occupational health and safety reports, compliance analyses, duty analyses, and OHS documentation for Victorian ...
parts/pt01-preliminary.mdparts/pt02-authority.mdparts/pt03-duties.mdparts/pt04-consultation.mdparts/pt05-incidents.mdparts/pt05a-manslaughter.mdparts/pt06-licences.mdparts/pt07-representation.mdparts/pt08-authorised-reps.mdparts/pt09-inspectors.mdparts/pt09a-consultative.mdparts/pt10-review.mdparts/pt11-legal.mdparts/pt11a-insurance.mdparts/pt12-compliance-codes.mdparts/pt13-other.mdparts/pt14-repeal.mdparts/pt15-transitional.mdGuides Next.js Cache Components and Partial Prerendering (PPR) with cacheComponents enabled. Implements 'use cache', cacheLife(), cacheTag(), revalidateTag(), static/dynamic optimization, and cache debugging.
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This skill provides the complete verified text of the Occupational Health and Safety Act 2004 (Vic), extracted directly from the official Victorian legislation (current as at 6 August 2025). It ensures Claude cites accurate section numbers, provisions, and requirements when producing occupational health and safety reports, compliance analyses, duty analyses, and OHS documentation for Victorian jurisdictions.
Read the relevant part file(s) based on the subject matter of the query:
| File | Part | Key Sections | When to Read |
|---|---|---|---|
parts/pt01-preliminary.md | Part 1 — Preliminary | ss 1–6 | Definitions (employer, employee, workplace), object of Act, application |
parts/pt02-authority.md | Part 2 — The Authority | ss 7–19 | WorkSafe Victoria establishment, functions, powers, appointment of inspectors |
parts/pt03-duties.md | Part 3 — General duties relating to health and safety | ss 20–34 | Employer duty of care (s 20), duty to consult (s 20), design/manufacture/supply duties (ss 23–27), employee duties (s 28), offence categories and penalties (ss 31–33) |
parts/pt04-consultation.md | Part 4 — Duty of employers to consult | ss 35–35A | Consultation on changes affecting health and safety |
parts/pt05-incidents.md | Part 5 — Duties relating to incidents | ss 37–39 | Notifiable incidents (s 37), serious injury or illness (s 37), duty to notify (s 38), duty to preserve incident sites (s 39) |
parts/pt05a-manslaughter.md | Part 5A — Workplace manslaughter | ss 39A–39G | Workplace manslaughter offences for employers (s 39D) and senior managers (s 39E), alternative offences |
parts/pt06-licences.md | Part 6 — Licences, registration, permits and other requirements | ss 40–42 | Licence/permit requirements for certain work types |
parts/pt07-representation.md | Part 7 — Representation of employees | ss 43–78 | Health and safety representative election/powers/functions, health and safety committees, issue resolution, right to cease unsafe work (ss 68–74) |
parts/pt08-authorised-reps.md | Part 8 — Authorised representatives of registered employee organisations | ss 79–110 | Powers and functions of union-appointed authorised representatives |
parts/pt09-inspectors.md | Part 9 — Inspectors and enforcement | ss 111–126 | Inspector powers (s 112 et seq.), investigation authority, evidence gathering, workplace entry |
parts/pt09a-consultative.md | Part 9A — Workplace Incidents Consultative Committee | ss 126A–126D | WICC establishment and functions |
parts/pt10-review.md | Part 10 — Review of decisions | ss 127–155 | Internal review and external review mechanisms |
parts/pt11-legal.md | Part 11 — Legal proceedings | ss 156–179 | Prosecutions, offences and penalties, limitation periods, sentencing principles, adverse publicity orders |
parts/pt11a-insurance.md | Part 11A — Insurance and indemnity for pecuniary penalties prohibited | ss 180–182 | Prohibition on insurance against OHS penalties |
parts/pt12-compliance-codes.md | Part 12 — Compliance codes | ss 183–190 | Codes of practice, approval, legal status, application |
parts/pt13-other.md | Part 13 — Other matters | ss 191–225 | Powers of regulation, approved forms, transitional matters |
parts/pt14-repeal.md | Part 14 — Repeal of old Act and transitional provisions | ss 226–245 | Repeal of previous occupational health and safety legislation and transitional arrangements |
parts/pt15-transitional.md | Part 15 — Transitional provisions | ss 246–295 + Schedule | Transitional provisions and schedules |
view tool — read only what is needed| Query Topic | Primary Part(s) | Key Sections |
|---|---|---|
| Employer duty of care | Part 3 | s 20 |
| Consultation obligations | Parts 3–4 | ss 20, 35–35A |
| Notifiable incidents | Part 5 | ss 37–39 |
| Workplace manslaughter | Part 5A | ss 39A–39G |
| Health and safety representatives | Part 7 | ss 43–78 |
| Right to cease unsafe work | Part 7 | ss 68–74 |
| Inspector powers / enforcement | Part 9 | ss 111–126 |
| Offences and penalties | Part 3 + Part 11 | ss 31–33 (Part 3), ss 156–179 (Part 11) |
| Codes of practice (legal status) | Part 12 | ss 183–190 |
| Definitions / dictionary | Part 1 | ss 1–6 |
| Licence/permit requirements | Part 6 | ss 40–42 |
Victoria's OHS Act 2004 predates the harmonised Work Health and Safety legislation by several years and uses different terminology and structure:
| Aspect | Harmonised States (QLD, NSW, TAS) | Victoria (OHS Act 2004) |
|---|---|---|
| Primary duty holder | PCBU (Person Conducting a Business or Undertaking) | Employer |
| Worker terminology | Worker | Employee |
| Primary duty section | s 19 (WHS Act) | s 20 (OHS Act) |
| Offence categories | Category 1 (reckless), Category 2 (negligent), Category 3 (failure to comply) | Offences with tiered penalties depending on severity |
| Regulator | SafeWork NSW, WorkSafe Tasmania, Workplace Health and Safety Queensland | WorkSafe Victoria |
| Consultation mechanism | SS HSRs with defined powers | Health and safety representatives + committees |
| Right to cease work | ss 84–88 (WHS Act) | ss 68–74 (OHS Act) |
| Manslaughter provisions | Part 2A (Industrial Manslaughter) | Part 5A (Workplace Manslaughter) |
Note: This skill covers the OHS Act 2004 (Vic) only. For specific technical requirements (workplace exposure standards, noise limits, silica controls, confined space procedures, construction site requirements, etc.), consult the companion ohs-regulation-checker-vic skill covering the Occupational Health and Safety Regulations 2017 (Vic). Legislation is subject to amendment; for critical compliance decisions, verify current provisions at https://www.legislation.vic.gov.au/