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Health and Safety Law in Victoria

4th edition

By Breen Creighton and Peter Rozen


This is an entirely re-written and greatly expanded edition of this standard text on occupational health and safety law in Victoria.

As with previous editions, it contains a detailed examination of the principal OHS statute in Victoria – the Occupational Health and Safety Act 2004. It also describes and analyses relevant aspects of other legislation which impinges on OHS regulation – such as the provisions of the federal Fair Work Act 2009 dealing with protection against victimisation because of OHS-related activity and right of entry to workplaces for OHS purposes.

Like its predecessors, the new edition makes extensive reference to OHS law and practice in other jurisdictions, and to relevant international labour standards, notably the International Labour Organisation’s Occupational Safety and Health Convention 1981 (No 155) and Promotional Framework for Occupational Safety and Health Convention 2006 (No 187).

Critically, the new edition locates the 2004 Victorian Act firmly in the context of the harmonised work health and safety regime which is enshrined in the model Work Health and Safety Act. Despite the fact that the Model Act was clearly based on the Victorian legislation, and is in force in most Australian jurisdictions, successive State Governments in Victoria have refused to sign up to the harmonised system.

The authors clearly recognise, however, that it is impossible to understand or to apply the 2004 Act in isolation from the harmonised system. This is reflected in the inclusion of a lengthy chapter describing the evolution and substance of the harmonised system, and in the fact that all provisions of the 2004 Act are cross-referred to the parallel provision in the Model Act. Consequently, the fourth edition of Creighton & Rozen provides a valuable guide to the origins and substantive provisions of the harmonised legislation, as well as a detailed analysis of the Victorian system.


1.   The Context
2.   A National Approach to OHS Regulation
3.   Interpreting OHSA 2004
4.   Administration
5.   General Duties – Key Concepts
6.   General Duty of Employers to Employees
7.   The Other General Duties
8.   Standard-Setting: Regulation and Compliance Codes
9.   Inspection and Securing Compliance
10. Criminal Enforcement
11.  Personal Liability
12.  Consultation, Representation and Participation
13.  Victimisation
14.  Right of Entry for OHS Purposes
15.  Application to the Crown
16.  OHSA 2004 in Perspective


Publishing 30 June 2017
Publisher The Federation Press
ISBN 9781760021351
Pre-Publication Price: $150.00
Valid Until: 28 April 2017
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Law - Occupational Health and Safety
Law - Industrial & Employment
Occupational Health and Safety
Industrial Relations / EEO
Law - Health Law

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