Recent Regulator Activity, Enforcement Trends, Prosecutions and Notable Developments (28 Jan 2026)

Australia-wide, national data and regulator trends show prosecutions and penalties trending upwards, with a significant body of new data available for analysis. Safe Work Australia’s national prosecutions dashboard captures prosecutions under WHS laws recorded since 01 Jan 20, and indicates 317 prosecutions in 2024 alone, with total penalties of about $164 million issued across 1,373 matters between 2020 and 2024. Construction, manufacturing and transport, postal and warehousing are the top three industry groups represented in these prosecutions.

Recent enforcement strategy continues to be driven by the National Compliance and Enforcement Policy, which sets principles for regulator consistency, constructive engagement and use of enforcement tools. Under this policy, a serious incident or work‑related death will generally trigger an investigation, with a range of regulatory powers available, including notices, enforceable undertakings, prosecutions, and court-imposed fines.

In Victoria, WorkSafe continues active enforcement and incident reporting as well as targeted inspections across high‑risk sectors. A tractor operator was recently killed in a hay baling incident near Kingston, reported by WorkSafe on 06 Jan 26.

WorkSafe Victoria also remains visible in broader community safety alerts, for example, warnings issued late 2025 about misuse of alcohol‑based hand sanitiser leading to serious injuries in healthcare settings, emphasising practical risk controls including secure dispensers and appropriate safety equipment.

Joint inspection activity has also been underway through a WorkSafe Victoria and SafeWork NSW cross‑border construction program, focusing on young worker safety and prevention of falls at building sites around Albury-Wodonga. Fall hazards remain a leading cause of serious injury and death in construction, with recent fatalities among workers aged 15‑24 underscoring the ongoing risk.

Victorian prosecutions momentum continues, with government statements in mid‑Aug 25 framing WorkSafe’s enforcement approach as stronger and more targeted following a milestone of workplace prosecutions.

In other jurisdictions, regulators such as WorkSafe ACT actively publish enforcement actions and outcomes to raise awareness of the consequences of WHS non‑compliance.

Siloed but serious health issues persist in NSW, where reports emerged over the past year of multiple tunnelling workers diagnosed with silicosis. In that matter, SafeWork NSW inspections are underway, and investigations remain active, though prosecutions have not yet been reported.

Separately, workplace regulatory landscapes in several jurisdictions now include industrial or workplace manslaughter offences with very high penalties, reflecting legislative reform across Australia aimed at increasing accountability for fatal incidents. This includes penalties of up to 25 years' imprisonment and multi-million-dollar fines for bodies corporate and individuals.

Finally, while not directly WHS enforcement, emerging legislative focus in Victoria on workplace surveillance reform may intersect with safety governance, data handling, consultation and transparency obligations for employers in the near future.