Victoria’s dangerous goods laws are set for a significant overhaul, with new legislation passed to modernise and strengthen the State’s regulatory framework.

The reforms follow the Independent Review of the Dangerous Goods Act 1985 and associated regulations, led by Andrew Palmer KC. The Review was commissioned following major chemical fires associated with illegal chemical stockpiling in Melbourne and found that Victoria’s existing dangerous goods framework was outdated, difficult to navigate and inconsistent with other regulatory frameworks.

The new laws received Royal Assent on 4 August 2026 and are planned to commence in April 2028.

The Occupational Health and Safety Amendment (Dangerous Goods) Act 2026 (Vic) will bring the storage, handling and use of dangerous goods within the Occupational Health and Safety Act 2004 (Vic).

At the same time, the new Dangerous Goods Transport Act 2026 (Vic) will provide a standalone framework for the transport of dangerous goods by road or rail and by vessel on inland waters.

Once the new framework commences, the Dangerous Goods Act 1985 (Vic) and its associated regulations will be repealed.

 

What is changing?

A new general duty for dangerous goods

The amended OHS Act will introduce a broad general duty requiring people involved in handling dangerous goods to ensure those goods are handled in a manner that is safe and without risks to health, safety and property.

The new framework will also introduce offences for breaching the general duty, including aggravated breaches and recklessly handling dangerous goods in a way that places, or may place, another person in danger of serious injury or death.

For businesses involved in transporting dangerous goods, the new Dangerous Goods Transport Act will introduce a similar general duty requiring dangerous goods to be transported safely and without risks to public safety, property or the environment.

Greater accountability for officers

The reforms also introduce a new positive due diligence duty for officers of body corporates under the OHS Act.

Rather than leaving compliance solely to operational or safety teams, officers will be required to exercise due diligence and take reasonable steps to ensure their organisation is complying with its duties.

For directors and senior decision-makers, this means taking an active interest in whether appropriate systems, resources and processes are in place and operating effectively.

The Dangerous Goods Transport Act also imposes due diligence obligations on officers in relation to an organisation’s dangerous goods transport duties.

Stronger enforcement powers and penalties

WorkSafe will have a broader range of enforcement tools available under the new framework.

This includes a new civil penalty scheme, providing an alternative enforcement pathway where criminal prosecution may not be appropriate. Courts will also have access to an expanded range of orders, including compliance and restraining orders, adverse publicity orders and monetary benefit orders.

WorkSafe inspectors will have expanded powers to intervene where dangerous goods present serious and immediate risks, including powers to take action where a person has failed or refused to comply with a direction, or cannot comply with it safely.

The reforms also introduce mechanisms that can, in certain circumstances, redirect obligations arising from WorkSafe directions to related or associated entities or officers. These provisions are intended to make it more difficult for businesses or individuals to avoid responsibility for addressing serious risks.

What should businesses do now?

The new laws are not planned to commence until April 2028, giving businesses time to prepare. However, organisations that store, handle, use or transport dangerous goods should consider using this lead-in period to review their existing compliance arrangements.

This could include:

  • identifying all activities involving dangerous goods and determining which entities, sites and officers may be affected;
  • reviewing governance arrangements, reporting lines and board or executive oversight;
  • reviewing existing risk assessments, emergency procedures and security controls;
  • checking plant inspection and maintenance procedures;
  • reviewing contractor and supply chain management processes;
  • confirming that current licences and registrations reflect actual operations;
  • reviewing staff training, competencies and responsibilities; and
  • ensuring relevant personnel understand current notification and reporting requirements.

Businesses should also keep an eye on the development of the supporting regulations. Work is underway to review and remake the existing dangerous goods regulations, with the new regulations expected to commence alongside the legislative reforms in April 2028.

Importantly, the existing Dangerous Goods Act 1985 and associated regulations continue to apply in the meantime. Businesses must continue to comply with their current obligations while preparing for the new regime.

Is your business ready for the changes?

While April 2028 may seem some way off, the reforms represent a significant change to Victoria’s dangerous goods framework, particularly in relation to governance, officer accountability and WorkSafe’s enforcement powers.

Businesses that store, handle, use or transport dangerous goods should consider how the new framework may affect their operations and whether existing systems will be sufficient once the reforms commence.

If your business is affected, our team can assist you to understand the changes, review your current compliance arrangements and governance systems, and identify areas that may need attention ahead of commencement.

Yuanchao Chen
Lawyer