WorkSafe Victoria

What types of complaints can you make?

You can make a complaint to WorkSafe Victoria if the issue relates to workplace health and safety, workers compensation, or licensing in Victoria.

Main types of complaints include:

• Unsafe workplace conditions: when an employer hasn’t fixed hazards or provided a safe environment (e.g. faulty equipment, no safety training).
• Reckless endangerment: when someone knowingly puts workers at immediate and serious risk of death or injury.
• Bullying, harassment, or unsafe psychological conditions: when serious or ongoing abuse is ignored by the employer.
• Punishment for raising safety issues: if someone is demoted, dismissed, or mistreated for reporting safety concerns.
• Unauthorised high-risk work: when someone works without the required licence, training, or permit (e.g. asbestos removal).
• Workers compensation issues: such as:
  • no response from a WorkSafe Victoria agent or self-insurer
  • delayed or missing weekly payments
  • medical bills not paid
  • mishandling of mental injury provisional payments
  • harassment, overreach, or ignoring serious mental health risks
  • poor or rushed decision-making about claims
• Poor service in employer insurance (WorkCover premiums): for employers only, when agents give wrong advice or mishandle paperwork.
• Licensing process problems: delays, errors, or poor communication when applying for or renewing a WorkSafe licence or permit.
• Unprofessional conduct by inspectors: behaviour or service issues during site visits (not legal decisions).
• Privacy breaches: personal or medical information lost, shared, or mishandled.
• Delays in providing documents: when you request claim files or reports and they’re not provided in a reasonable time.

WorkSafe Victoria will not take complaints about:

• Disagreeing with the outcome of a compensation claim (must go to conciliation or review).
• Disputes about the amount of a WorkCover insurance premium.
• General employment issues not about health and safety (e.g. unfair dismissal, pay disputes).
• Isolated rudeness, personality clashes, or minor conflict.
• Legal decisions by inspectors (e.g. improvement or prohibition notices) - these must go through review.
• Licensing outcomes you disagree with (unless the process itself was mishandled).
• Laws or government policy you don’t agree with.
• Incidents outside Victoria.
• Routine customer service dissatisfaction unless it involves safety, privacy, or misconduct.
• Anonymous complaints that ask for follow-up (updates can’t be given without contact details).

WorkSafe Victoria’s powers apply only to:

• State: Victoria.
• Scope: incidents, workplaces, and conduct within Victorian borders (fixed sites, mobile worksites, and transport work in Victoria).
• Timing: there’s no strict deadline, but complaints should be made quickly while evidence is available and risks remain.

WorkSafe Victoria decides whether to investigate, based on:

• seriousness and risk.
• evidence available.
• whether another body is better placed to act.
• whether the issue has already been fixed.

Who can you make a complaint against?

You can complain to WorkSafe Victoria about the following people or organisations:

• Employers: businesses or organisations in Victoria that employ workers. They have the main duty to provide a safe workplace and follow OHS and compensation laws.
• Self-insurers: large employers licensed by WorkSafe Victoria to manage their own workers compensation claims. You can complain about how they handle claims or return-to-work processes.
• WorkSafe Victoria agents: insurance providers who manage claims on WorkSafe Victoria’s behalf. Complaints can cover delays, poor communication, unfair decisions, or misconduct.
• Employees or managers (acting for the employer): when supervisors, managers, or staff create or direct unsafe work, or breach safety duties.
• Private investigators: if hired by an agent or employer and they break privacy rules, behave inappropriately, or breach the Code of Practice on surveillance of injured workers.
• Licence or permit holders: people or businesses with a WorkSafe Victoria-issued licence (e.g. asbestos removal, crane operation, major hazard facilities). You can complain if they breach licence conditions or act unsafely.
• Health and Safety Representatives (HSRs): only if they misuse their legal powers, like wrongly issuing a Provisional Improvement Notice.
• WorkSafe Victoria staff: inspectors, licensing officers, or others if they act unprofessionally, unfairly, or outside proper procedures.

WorkSafe Victoria does not investigate complaints against:

• WIC conciliators or tribunal members: they are independent decision-makers in compensation disputes.
• Lawyers or union representatives: complaints about them must go to the Legal Services Board or their professional body.
• Doctors or Independent Medical Examiners (IMEs): complaints about medical opinions or behaviour must go to AHPRA or the Health Complaints Commissioner.
• Employers outside Victoria: interstate employers are regulated by their own state’s authority (e.g. SafeWork NSW).
• Customers, clients, or members of the public: unless their behaviour creates a serious safety risk at work and the employer fails to manage it.
• WorkCover Assist or advisory services: these are information services only, not complaint bodies.

Are you eligible to make a complaint?

You can make a complaint to WorkSafe Victoria if you believe:

• workplace health and safety (OHS) laws have been broken.
• a workers compensation claim is being mishandled.
• a WorkSafe Victoria agent, self-insurer, or staff member has acted unfairly.

Who can complain?

• Workers (employees, contractors, apprentices, labour hire).
• Former workers.
• Members of the public.
• Family members or carers.
• Health and Safety Representatives (HSRs).
• Employers (about WorkSafe Victoria services or premiums).

You don’t need to be the person directly affected.

Can you complain on someone else’s behalf?‍

Yes. You can make a complaint for:

• a vulnerable worker, or someone with disability or language barriers.
• a colleague, client, or family member.
• another worker if you’re a union rep, caseworker, lawyer, or advocate.
• someone you saw being exposed to unsafe conditions.

WorkSafe Victoria may ask for the name and contact details of the person affected, but will still review the complaint either way.

Time limits:

• There are no strict deadlines for complaints.
• But it’s best to complain as soon as possible, while risks and evidence are still clear.

WorkSafe Victoria will not accept complaints if:

• the issue happened outside Victoria.
• it’s about the outcome of a compensation decision (e.g. a claim rejection) - these go to the Workplace Injury Commission (WIC).
• it’s too vague or lacks enough detail (especially if you want updates but give no contact info).
• it’s a personal gripe unrelated to safety, privacy, or misconduct (e.g. minor rudeness).
• it’s about the law or government policy itself (e.g. disagreeing with WorkSafe Victoria’s powers).

Additional Information:

• Complaints are free and you don’t need a lawyer.
• Anonymous complaints are allowed, but you won’t get updates unless you leave contact details.
• If WorkSafe Victoria can’t deal with your issue, they may refer you to another body (e.g. WIC, AHPRA, Fair Work).
• Not every complaint leads to an investigation - WorkSafe Victoria decides based on seriousness, evidence, and public interest.
• Your identity is kept confidential unless disclosure is required by law or needed for safety.

What can this body do to help?

WorkSafe Victoria can take different actions depending on the issue. These include:

Investigations and inspections: WorkSafe Victoria may visit the workplace, talk to people involved, or review documents to check for safety risks or misconduct.

Compliance and enforcement actions: If WorkSafe Victoria finds a breach, they can order changes or take formal legal steps:

• Improvement Notice: requires a problem to be fixed within a set time.
• Prohibition Notice: immediately stops unsafe work or activity.
• Non-disturbance Notice: prevents changes to a site or equipment during an investigation.
• Warning: a formal caution when a breach is found but no prosecution is pursued.
• Infringement Notice (fine): a financial penalty for breaking safety laws or ignoring a notice.
• Prosecution: court action for serious or repeated breaches.

Other actions WorkSafe Victoria may take:

• Rectification orders: directing workplaces to remove hazards, retrain staff, or change unsafe systems.
• Internal review referral: if a WorkSafe Victoria decision (e.g. about licensing or notices) is challenged, it may go to a review team.
• Complaint resolution: service issues may be resolved through an apology, staff feedback, or policy changes.
• Privacy or information corrections: fixing errors, acknowledging breaches, and improving systems.
• Referral to another body: guiding you to the correct agency if WorkSafe Victoria has no power (e.g. WIC, AHPRA, Fair Work).

WorkSafe Victoria cannot:

• Overturn or change a compensation claim decision (this goes to the Workplace Injury Commission – WIC).
• Award you money or damages (they are a regulator, not a court).
• Reinstate your job, change rosters, or resolve non-safety employment disputes (these go to Fair Work, VCAT, or courts).
• Give you legal advice or act as your representative.
• Discipline doctors, lawyers, or union representatives (these go to AHPRA, the Legal Services Board, or the relevant authority).

How to prepare your complaint

When making a complaint to WorkSafe Victoria, it helps to be clear and specific.

What to include in your complaint:

• Your name, phone, email, and postal address (optional if you want to stay anonymous).
• Your preferred contact method (phone, email, or mail).
• Whether you are the person affected or lodging on someone else’s behalf.
• Any accessibility needs, such as an interpreter or hearing support.
• Name of the person, business, or organisation you are complaining about.
• Their role or position (if relevant).
• Contact details of the person or organisation (if known).
• How they are connected to you (for example, employer, insurer, inspector).
• What happened, described clearly and factually.
• Dates and times of events.
• Where it happened (include addresses if possible).
• Witness names and contact details (if known).
• What steps you have already taken to fix the issue.
• Any supporting evidence, such as emails, reports, or photos.

What not to include:

• Irrelevant details not linked to your complaint.
• Abusive or offensive language.
• Personal attacks (focus on behaviour, not character).
• Long or confusing stories that make the main issue unclear.

Help when preparing your complaint:

• For language support, call 131 450 (TIS National) and ask them to call WorkSafe Victoria on 1800 136 089.
• For hearing or speech support, use the National Relay Service at www.relayservice.gov.au, or call 133 677 (TTY) or 1300 555 727 (Speak & Listen) and ask for 1800 136 089.
• Keep copies of everything you submit.
• If you don’t get acknowledgment within a reasonable time, follow up with WorkSafe Victoria.

Lodging your complaint and next steps:

Where to lodge your complaint:

• Online: Complete the Online Complaint Form.
• Phone: Call the WorkSafe Advisory Service on 1800 136 089 (7:30am to 6:30pm, Monday to Friday).
• Mail: Write to WorkSafe Victoria, 1 Malop Street, Geelong VIC 3220.

After you lodge your complaint:

• WorkSafe Victoria will acknowledge receipt, usually within a few business days.
• You may be given a reference number if you provided contact details.
• WorkSafe Victoria may ask you for extra information.

Initial review by WorkSafe Victoria:

• WorkSafe Victoria will check if your complaint is within their powers.
• They will consider whether it involves a possible breach, misconduct, or poor service.
• They may refer it to another WorkSafe team such as Licensing or Internal Review.
• They may also refer it to another agency such as the Workplace Injury Commission, Fair Work, or AHPRA.
• You may be contacted for more details or documents.

For serious matters:

• WorkSafe Victoria may talk informally with the parties involved.
• They may give the employer or agent a chance to respond or fix the issue.
• They may gather more evidence through phone calls, interviews, or site visits.
• This is not a court case or mediation, it is a fact-finding step.

Other things to know:

• You might not always get detailed updates, especially if enforcement is involved.
• WorkSafe Victoria does not have to investigate every complaint.
• If your issue is outside WorkSafe Victoria's powers, they will refer you to the right body, such as WIC, Fair Work, or AHPRA.

More information:

Refer to the factsheet provided below for more information.