MBV is committed to supporting our members and industry in maintaining the highest occupational health and safety standards.

MBV has had the opportunity to review the Occupational Health and Safety and Other Legislation Amendment Bill 2021 (‘the Bill’), which appears to seek to introduce various amendments to the Occupational Health and Safety Act 2004 (Vic) (‘the Act’) and strengthen existing laws to make Victorian workplaces safer.   

The Bill focuses on ensuring that labour hire workers have all the same rights and safety protections as other workers, ensuring that insurance or indemnity arrangements cannot be used to avoid the consequences of failing to comply with the law, simplifying WorkSafe processes relating to delivery of notices and reports and disposal of property seized by WorkSafe that is no longer wanted by the owner.

Concerningly, it also makes substantial changes to powers of Authorised Representatives of Registered Employee Associations (ARREOs) and Health and Safety Representatives (HSR).    

Under the new sections 58(1)(ab) and 89(1)(b) of the Act, ARREOs and HSRs are provided with an express power to take photographs or recordings whilst exercising their powers under the relevant sections of the act (e.g. to inspect a suspected contravention, to represent the members of a Designated Working Group (‘DWG’), monitor the measures taken by the employer to rectify safety risks and enquire into anything that poses a safety risk).   

Although the taking of photographs and recordings themselves isn’t inherently problematic, the history of building and construction unions misusing similar footage for purposes not related to safety is a valid privacy, reputational and defamation risk that must be considered to ensure the lawful and appropriate usage of digital content.  

The potential misuse of photographs and recordings is likely to undermine the safety reasons for implementing those new powers in the first place. 

MBV continues to advocate on behalf of our members.

It is vital that this legislation focus on creating safe and risk-free workplaces where digital content is used appropriately and with no risk to the safety and wellbeing of industry participants.