Victoria’s OHS Framework: Important Differences for SWMS

by | Apr 21, 2026

Map of Australia highlighting Victoria with construction site icons and SWMS documents

Week 5 – Key differences every business needs to know

Introduction

You’ve got a solid SWMS that works perfectly in Queensland and New South Wales. But the moment you cross the border into Victoria, that same document could leave you exposed. Why? Because Victoria never adopted the national harmonised WHS laws.

Welcome to Week 5 of SWMS Mastery: 52 Weeks with MiSAFE. This week we unpack Victoria’s unique OHS framework and the critical differences every business working in (or across) Victoria must understand.

How Victoria’s OHS Framework Differs from Harmonised WHS

While most of Australia follows the model Work Health and Safety laws, Victoria still operates under its own Occupational Health and Safety Act 2004 and Regulations 2017. This means:

  • No direct adoption of the national model WHS Act
  • Different terminology and legal tests
  • Unique requirements for high-risk construction work
  • Separate enforcement approach by WorkSafe Victoria

If you assume your harmonised SWMS will automatically comply in Victoria, you could be in for a nasty surprise during an audit or incident investigation.

Key SWMS Differences in Victoria

The most important distinctions for SWMS include:

  • Trigger for SWMS: Victoria uses its own definition of high-risk construction work rather than the national list of 19 categories.
  • Content Requirements: While similar to Reg 299, Victoria places stronger emphasis on certain elements such as consultation records and site-specific controls.
  • Review and Revision: Victoria’s rules around when and how often you must review a SWMS can be stricter in practice.
  • Officer Due Diligence: The personal liability test for officers differs slightly and is actively enforced by WorkSafe Victoria.

Understanding these differences is not optional — it is essential for businesses operating in or near Victoria.

Practical Tips for Businesses Working in Victoria

  • Always create a Victoria-specific version or addendum to your SWMS
  • Document genuine consultation with workers more thoroughly
  • Keep clear records of how your controls meet Victoria’s OHS requirements
  • Stay up to date with WorkSafe Victoria guidance and enforcement notices

These simple steps can save you from compliance headaches and potential penalties.

What Comes Next in the Series

Next week we move into the exact mandatory content that every compliant SWMS must include — no matter which jurisdiction you are in.

Discover MiSAFE SWMS Today

Register for MiSAFE SWMS here: https://swms.misafesolutions.com.au/register Find out more about MiSAFE SWMS here: https://misafesolutions.com.au/swms2 Contact MiSAFE Solutions Pty Ltd at contact@misafesolutions.com.au or call 07 5641 2101, or fill in our contact form: https://misafesolutions.com.au/contact-misafe-risk-management-software/