The Occupational Health and Safety Amendment (Dangerous Goods) Act 2026 received Royal Assent on 4 August 2026 and is scheduled to commence in April 2028, unless proclaimed earlier.

April 2028 may sound a long way off, but the reforms will require changes to governance, officer oversight, and dangerous goods compliance. As we approach the end of 2026, now is a timely opportunity for organisations to begin planning for the reforms by reviewing their existing systems and processes and identifying where changes may be required.

Here are the four changes I believe matter most.

1. Officers will have a positive duty

This is a significant shift.

Currently, an officer’s liability under section 144 of the Occupational Health and Safety Act 2004 (Vic) depends on an offence by the company being attributable to the officer’s failure to take reasonable care.

Under the reforms, officers will instead have a positive duty to exercise due diligence by taking reasonable steps to ensure the company complies with its OHS obligations. Volunteer officers will be exempt.

For national organisations, the concept will be familiar given that officer due diligence obligations already apply in other Australian jurisdictions. Those obligations require officers to take reasonable steps to understand the organisation’s health and safety risks, ensure that appropriate resources and processes are available and used, obtain and consider relevant safety information and, importantly, verify that the organisation’s systems and processes are operating effectively to manage those risks.

2. A new aggravated OHS offence

A new aggravated offence will apply where a duty holder breaches the general duty and knew, or reasonably should have known, that the breach would, or was likely to, endanger an employee’s health and safety.

The maximum penalties are substantial:

• Individuals: 4,000 penalty units, five years’ imprisonment, or both.
• Companies: 20,000 penalty units.

With significantly higher maximum penalties, the consequences of serious breaches of the general duty will be considerably greater.

3. Dangerous goods move into the OHS Act

The Dangerous Goods Act 1985 will be repealed and dangerous goods regulation brought within the OHS framework.

Importantly, the new general duty will extend beyond employers to any person handling dangerous goods, potentially capturing suppliers and contractors.

There will also be tiered offences. Reckless handling that places, or may place, another person in danger of serious injury or death. The offences carry significant maximum penalties:

• Individuals: 5,000 penalty units, ten years’ imprisonment, or both.
• Companies: 40,000 penalty units.

For businesses with dangerous goods anywhere in their operations or supply chain, careful consideration should be given to ensuring that your systems and processes are reviewed and ensuring that they are responding to risks associated with the activities at your workplaces relating to dangerous goods.

4. WorkSafe gets a civil penalty pathway

WorkSafe Victoria will be able to pursue civil proceedings instead of criminal prosecution for specified contraventions.

The new Schedule 2 identifies 57 civil penalty provisions, covering areas including consultation, improvement and prohibition notices, incident notification, asbestos management, document production and false or misleading information.

This gives WorkSafe another significant enforcement option.

What should organisations do now?

• Brief the Board on the new officer due diligence duty.
• Review what is currently being provided to officers consideration should be given to the elements of due diligence.
• Map dangerous goods across your operations and check licences and controls against what happens in practice.
• Review contracts and supply chains to identify where dangerous goods obligations and risks sit.
• Review your overall systems and processes to ensure that they have the elements required to comply with the changes in workplace health and safety reforms.

How Madgwicks can help?

If you are unsure how these changes may affect your organisation, the Madgwicks team can help you understand the reforms, assess your current workplace health and safety arrangements and identify the practical steps needed to prepare. Contact Luisa Gonzaga, Principal; luisa.gonzaga@madgwicks.com.au to discuss what the changes could mean for your business.

The information provided in this article is general in nature and cannot be relied on as legal advice, nor does it create an engagement. Please contact one our lawyers listed above for advice about your specific situation.