Victoria’s workplace safety regulator has confirmed it has no active court cases arising from violence or safety failures on the state’s multibillion-dollar Big Build program — despite maintaining a dedicated team assigned to oversee those very projects. The admission has prompted renewed scrutiny of whether WorkSafe Victoria is using the full force of its enforcement powers on infrastructure sites where serious incidents have been reported.
What WorkSafe confirmed — and what it didn’t #
WorkSafe Victoria confirmed to VCN this week that, as of the time of publication, the regulator is not currently pursuing any prosecutions through the courts that arise specifically from its Big Build–dedicated inspectorate unit. The regulator did not dispute that it maintains a team of inspectors whose remit covers major infrastructure projects including the Metro Tunnel, Suburban Rail Loop, Level Crossing Removal Project and the North East Link.
WorkSafe declined to say how many inspections the Big Build unit had conducted in the past 12 months, how many improvement or prohibition notices had been issued, or how many referrals to its legal division had been made. A spokesperson said the regulator “takes all safety matters seriously” and that inspectors “continue to work closely with principal contractors to ensure obligations under the Occupational Health and Safety Act 2004 are met.”
That response has not satisfied workplace safety advocates, who say the absence of any live prosecutions — from a unit that has been operating for several years across one of the largest construction programs in Australian history — raises legitimate questions about enforcement culture.
Why does this matter for Big Build workers? #
The Big Build is the umbrella name for the Victorian Government’s rolling suite of major transport infrastructure projects. At any given time, tens of thousands of workers are employed across worksites stretching from the inner suburbs to the urban fringe. Construction is consistently one of Victoria’s highest-risk industries for workplace injury and death.
WorkSafe data shows the construction sector accounted for the largest share of workplace fatalities in Victoria in recent years. Under the Occupational Health and Safety Act 2004, employers — including the head contractors who run Big Build sites — have a non-delegable duty to provide a safe working environment so far as is reasonably practicable. WorkSafe has the power to issue notices, conduct investigations, and refer matters to the Director of Public Prosecutions or pursue its own prosecutions in the Magistrates’ Court or County Court.
When WorkSafe does prosecute, penalties can be substantial. Corporations found to have contravened OHS duties can face fines of up to $1.9 million per offence under current penalty unit arrangements. Yet VCN understands that prosecutions of major contractors on Big Build sites have been rare.
A unit with a mandate — but no courtroom presence #
WorkSafe established its dedicated Big Build inspectorate in recognition of the scale and complexity of the program. The unit was designed to give the regulator a consistent presence across projects and to allow inspectors to build specialist knowledge of the risks unique to large-scale tunnelling, rail construction and elevated road works.
Sources familiar with the construction industry have told VCN that WorkSafe inspectors do attend sites, issue notices and engage with contractors. However, those same sources say the gap between on-the-ground activity and formal enforcement action — particularly prosecution — has been a long-running concern.
“There’s a real cultural question about whether the regulator sees itself as a compliance partner or an enforcement agency,” one source, who asked not to be named because of ongoing commercial relationships with major contractors, told VCN. “On the Big Build, the answer seems to be the former.”
WorkSafe was approached to respond to that characterisation. It did not provide a substantive reply by deadline.
Violence on site: a persistent concern #
Violence in the workplace — including physical assaults, threats and intimidation on construction sites — falls within WorkSafe’s jurisdiction. Employers have a duty to manage the risk of violence as they would any other foreseeable hazard. VCN understands that a number of incidents involving alleged violence or threatening behaviour on Big Build worksites have been reported to WorkSafe in recent years, though the regulator has not published a breakdown of complaints by project or category.
VCN is not suggesting any specific individual or contractor is under investigation, nor that any particular incident has been substantiated. We are reporting on the systemic question of whether the regulatory framework is being applied to its full extent.
Industry sources and union representatives have previously raised concerns — publicly, at industry forums and in submissions to parliamentary inquiries — about the under-reporting of violence on large construction sites, partly driven by concerns among workers about job security and retaliation. The Construction, Forestry and Maritime Employees Union (CFMEU) and the Australian Workers’ Union have both historically advocated for stronger enforcement action on site safety matters, though neither has made specific recent public statements about Big Build prosecutions that VCN has been able to verify.
What the law allows WorkSafe to do #
It is worth explaining to readers what tools WorkSafe actually has at its disposal, because the regulator’s public communications often emphasise the less coercive end of the spectrum.
WorkSafe inspectors can enter a worksite at any time without notice. They can issue improvement notices — requiring a problem to be fixed within a specified time — or prohibition notices, which stop work immediately on a particular activity or area. They can seize documents and equipment, conduct interviews, and refer matters for prosecution.
Prosecutions can be brought in the Magistrates’ Court for less serious matters or in the County Court for more serious contraventions. WorkSafe can also accept enforceable undertakings — a formal commitment by a duty holder to take specified remedial action — in lieu of prosecution, though critics argue these are sometimes used in ways that allow companies to avoid the deterrent effect of a public finding of guilt.
None of those tools appear to have been deployed to the point of active litigation on the Big Build, based on WorkSafe’s own confirmation to VCN.
Calls for transparency #
Workplace safety advocates contacted by VCN said the most immediate step WorkSafe could take would be to publish a public register of enforcement actions — broken down by project — so that workers, unions and the public can assess whether the regulator is performing its function.
“Transparency is the most basic accountability mechanism,” said one advocate, who works with injured construction workers and asked not to be identified. “If WorkSafe won’t say how many notices have been issued on the Big Build, or why there are no prosecutions, workers have no way of knowing whether the system is working for them.”
The Victorian Government, through the Department of Transport and Planning and the project delivery authorities including the Level Crossing Removal Project and Suburban Rail Loop Authority, has consistently pointed to WorkSafe as the independent regulator responsible for site safety. Those authorities did not respond to VCN’s questions about whether they had referred any safety concerns to WorkSafe.
The office of the Minister for Workplace Safety was also approached for comment. A spokesperson said the government “expects WorkSafe to use all available powers” but did not address the specific question of why no Big Build prosecutions are currently before the courts.
What happens next #
VCN will continue monitoring WorkSafe’s enforcement activity on Big Build projects and will report on any prosecutions, enforceable undertakings or significant notice activity as it becomes available on the public record. We have lodged a Freedom of Information request with WorkSafe seeking records of notices issued and complaints received in relation to Big Build sites over the past three years.
Readers who have safety concerns, or who have witnessed or experienced violence on a worksite, are encouraged to report directly to WorkSafe Victoria on 132 360, or to Crime Stoppers anonymously on 1800 333 000.
The matters reported in this article concern regulatory and enforcement processes. No individual has been charged or found to have committed any offence in connection with the matters described. All persons are presumed innocent until proven guilty in a court of law.
If you or someone you know needs support: Lifeline 13 11 14 | Beyond Blue 1300 22 4636 | 13YARN 13 92 76 | 1800RESPECT 1800 737 732 | Safe Steps 1800 015 188 | Crime Stoppers 1800 333 000
