Department Charged Over Alleged Failure to Protect Prison Staff

A Victorian government department has been charged with two alleged breaches of section 21(1) of the Occupational Health and Safety Act 2004 (OHS Act), following an incident involving a prison officer. The charges relate to an alleged failure, so far as was reasonably practicable, to provide and maintain a working environment that was safe and without risks to the health of employees.

It is alleged the department breached section 21(2)(a) of the OHS Act by failing to provide or maintain a safe system of work for recording, managing and giving employees access to behavioural information about prisoners they may be required to interact with. Effective WHS management systems and documented procedures are critical to ensuring that frontline staff are fully informed of behavioural risks and can undertake their duties safely.

WorkSafe Victoria further alleges the department breached section 21(2)(e) of the OHS Act by failing to provide employees with the necessary information, instruction and guidance to perform their work safely and without risks to health. This includes ensuring that policies, procedures and, where applicable, task-specific Safe Work Method Statements (SWMS) are clearly communicated, accessible and consistently implemented across the workplace.

The matter has been listed for a filing hearing at the Geelong Magistrates' Court on 23 April 2026.

Organisations seeking to strengthen their compliance and reduce risk can benefit from implementing comprehensive WHS management systems and clearly documented policies and procedures. Resources to support this are available from specialist providers such as work health and safety management system templates and WHS policies and procedures frameworks, which can assist in establishing safer systems of work and improving due diligence.