Our publications provide short updates on legal developments that may affect agencies' program or policy planning. Comments presented through these publications do not necessarily represent the views of the VGSO.
Navigating legal privilege - generally and in the government context
This bulletin provides an introduction to several grounds of legal privilege and waiver of legal privilege.
Through the looking glass: An insight into coronial inquests and investigations
In this bulletin, we recap how coronial investigations and inquests are conducted in Victoria and provide responses to questions posed by the audience during our recent seminar.
An introduction to the Victorian courts
An introduction to the Victorian court system and the power of each court to hear matters within their respective jurisdictions.
Caveat Olim Regis: Registrar's Caveats and their consequences
Registrar's Caveats in Victoria are rare tools to halt land transactions under specific conditions, like preventing fraud or correcting errors.
It's About Time!
Q/A responses and further resources for the VGSO webinar held on 7 August 2024.
The right to disconnect - what does this mean for the VPS?
The right to disconnect commences on 26 August 2024. What does this encompass? And how will it operate for the Victorian Public Sector?
Proposed Psychological Health Regulations for Victorian employers are under consideration
The proposed OHS Amendment (Psychological Health) Regulations clarify employer duties on psychosocial hazards, boost workplace safety, and introduce new reporting and prevention requirements.
Everything you need to know about key changes to the VPS Enterprise Agreement
Changes to wages, casual employment, flexible work and fixed term employment will impact Victorian public service employers from 19 August 2024 following the introduction of the Victorian Public Service Enterprise Agreement 2024.
Fair Play: Changes are coming to the Fair Jobs Code
If you are responsible for procurement and/or funding for Victorian Government departments and agencies, you need to be aware of what's changing in the Fair Jobs Code.
Prompt action: new framework to guide public sector use of AI
Australia's National AI Assurance Framework, launched June 21, 2024, sets governance standards for AI across federal, state, and territory levels, ensuring safe deployment in Victoria's public sector.
Carrying on: The risk of pulling an ACL in State commercial activities
Does the Australian Consumer Law/Unfair Contract regime apply to the State? How does this impact corporate, commercial and property transactions and procurements? When does the State 'carry on a business'?
Q&A - Victorian Public Sector Employment and OHS Year in Review 23-24
Our annual Year in Review webinar was presented by the VGSO's Workplace Relations and Occupational Safety Team. Following this we had a number of questions that we have consolidated and answered.
The new eServices Register
The new eServices Register has recently been made available on the Digital Marketplace.
New Mental Health and Wellbeing Act in operation
On Friday 1 September 2023, the new Mental Health and Wellbeing Act 2022 came into operation as result of a key recommendation of the Royal Commission into Victoria's Mental Health System Final Report
Q/A - The proposed Psychological Health Regulations
Draft Regulations have been proposed under the OHS Act which bring into sharp focus the increasing emphasis on the management of workplace psychological health hazards.
Q/A - Sexual Harassment in the Workplace
Consolidated questions following the VGSO webinar 'Sexual Harassment in the Workplace - An update for the Victorian Public Sector on latest developments' on 23 August 2023.
Important workplace changes in July 2023 (including regarding COVID-19 vaccination information)
Summary of a key recent change to the Fair Work Act 2009 and other important matters that should be on the radar of Victorian Public Sector employers.
Latest changes to the Fair Work Act 2009
The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 (Cth) has introduced a number of changes to the Fair Work Act 2009 (Cth) that come into effect from 6 June 2023.
Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 - key changes
On 6 December 2022, the Federal Government's Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 received Royal Assent (Amendment Act).
Recent High Court guidance - When will a statutory authority owe a common law duty of care?
Electricity Networks Corporation (trading as Western Power) v Herridge Parties [2022] HCA 37 marks the conclusion of a lengthy negligence dispute involving a statutory corporation.
Duties to witnesses in civil proceedings who may be at risk of criminal prosecution: State of Victoria v Villan [2022] VSCA 106
The State of Victoria (State) is routinely a party to litigation involving actions by employees in respect of which the State may be found to be vicariously liable.
Considerations for the issuing of Crown leases
In September 2022, the Honourable Justice Cavanough of the Supreme Court of Victoria addressed what happens when requirements under the Land Act 1958 are not fulfilled before a Crown Lease is granted.
Proposed amendments to the Fair Work Act - what public sector employers need to know
Key changes relevant to all Victorian public sector employers proposed in the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022.
What can statutory corporations do?
This bulletin explores how statutory corporations are established, what they can do and how they are regulated.
Government's response to the Ministerial Taskforce on workplace sexual harassment
On 11 July 2022, the Victorian Government published its response to the Ministerial Taskforce on Workplace Sexual Harassment (Taskforce) and there are likely to be significant reforms in this area.
Fair Jobs Code: What you need to know
On 10 August 2022, the Victorian Government launched the Fair Jobs Code (FJC).
Understanding thresholds and caps in personal injury litigation
The Wrongs Act 1958 (Vic) (Wrongs Act) is the principal statute in Victoria governing claims for damages for personal injury and death as a result of negligence or fault, in cases other than workplace
New OHS Regulations
On Tuesday 5 July 2022 Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022 (Vic) were made under the Occupational Health and Safety Act 2004 (Vic) (OHS Act).
An introduction to Suppression and Pseudonym Orders in Victoria
A VGSO introduction to suppression and pseudonym orders and exploring the considerations that are likely to be taken into account by a court before implementing such an order.
Considerations for Managing Employee Wellbeing: Kozarov v State of Victoria [2022] HCA 12
This case is in relation to a negligence claim brought by a former solicitor in the Specialist Sexual Offences Unit of the Victorian Office of Public Prosecutions.
Navigating legal privilege - generally and in the government context
This bulletin provides an introduction to several grounds of legal privilege and waiver of legal privilege.
Collecting vaccination information - are employees freely consenting?
The Fair Work Commission has rejected a challenge to BHP's COVID-19 vax verification requirements for its coal mine sites, dismissing arguments to the effect that employees' consent is not 'real'.
Labour Hire Amendments
Changes to OHS legislation to take effect on 22 March 2022. The changes will affect all Victorian Public Sector employers who enter into or have existing labour hire arrangements.
Keep your head (with your Heads of Agreement)
A HOA is used during the negotiation stage of a lease and allows the parties to formally recognise the key terms.
Lessons to learn: OVIC tests public sector data security
Victorian public sector agencies and bodies subject to Part 4 of the Privacy and Data Protection Act 2014 (Vic) (PDP Act) must comply with the Victorian Protective Data Security Standards (VPDSS).
New Victorian OHS regulations for mental health proposed: What Victorian Public Sector employers need to know
The draft Occupational Health and Safety Amendment (Psychological Health) Regulations and an accompanying regulatory impact statement have been released for public comment (until 31 March 2022).
Who else is at fault? Seeking contribution for personal injury litigation under the Wrongs Act 1958 (Vic)
This bulletin provides an introduction to contribution and explores practical matters to consider when bringing a contribution claim.
What Government landlords need to know about the 2022 Commercial Tenancy Relief Scheme
The Commercial Tenancy Relief Scheme Regulations 2022 were made on Tuesday 1 February 2022.
Building Equality Policy: What you need to know
Following an announcement in early December 2021, the new Building Equality Policy has been published. Its aim is to improve representation of women in the construction industry.
Workplace Relations Wrap-up for 2021
The defining workplace issue for 2021 has without any doubt been mandatory COVID-19 vaccinations.
OHS in 2022: what should be on your radar
Three key Occupational Health and Safety (OHS) issues that should be on the radar of the Victorian Public Sector in 2022.
Fair Work Commission denies application for interim relief by health workers who failed to receive the COVID-19 vaccination
On 13 November 2021, the Fair Work Commission refused an application for interim relief in the matter of Nazih Beydoun & Ors v Northern Health & Ors [2021] FWC 6341.
Significant changes to powers for major transport projects
A summary of the amendments made to the Major Transport Project Facilitation Act 2009.
Apprehend this - High Court provides sobering reminder on bias
In October 2021, the Full Bench of the High Court of Australia delivered judgment in Charisteas v Charisteas [2021] HCA 29.
Safety Month - VGSO Spotlight on Health and Aged Care
A recent prosecution in Queensland highlights how important it is for individual employees in the Health and Aged Care sectors to comply with their obligations, or face personal liability.
Through the looking glass: An insight into coronial inquests and investigations
In this bulletin, we recap how coronial investigations and inquests are conducted in Victoria and provide responses to questions posed by the audience during our recent seminar.
OHS Update
Significant changes to Occupational Health and Safety (OHS) legislation passed the Parliament and received Royal Assent this week, introducing changes affecting all Victorian Public Sector employers.
FOI for thought: OVIC analyses how agencies respond to requests
OVIC has released a report into Impediments to Timely FOI and Information Release. The report analyses the system, processes and performance of several FOI agencies.
What Government landlords need to know about the new Commercial Tenancy Relief Scheme
The Commercial Tenancy Relief Scheme Regulations 2021 were made on Tuesday 24 August 2021.
Case update: High Court releases long-awaited decision regarding casual employment
The High Court released its long-awaited decision in WorkPac Pty Ltd v Rossato [2021] HCA 23 where it unanimously overturned a decision of the Full Federal Court.
Fair Work Commission provides further support for mandatory flu vaccinations in workplaces
In a case whether to require employees to be vaccinated against COVID-19, the Fair Work Commission has upheld another dismissal of an employee who refused a mandatory flu vaccination.
The General Environmental Duty under Victoria's new environmental regulatory regime
Victoria's new environmental regulatory regime will come into effect on 1 July 2021.
Should you be using the eServices Register Contract?
It is important to understand the eServices Register Contract's purpose and scope to determine whether your Department or agency should use it when procuring IT services.
Historic moment as the Victorian Government releases final report of Royal Commission into Victoria's mental health system
The report envisages a fundamental restructuring of mental health care, recommending major changes to funding, infrastructure and service delivery.
The implied constitutional freedom of political communication
It's not uncommon to hear people in Australia talk about their 'right to freedom of speech'.
Managing your intellectual property - practical implications
The Intellectual Property Guidelines (Guidelines) support the Whole of Victorian Government Intellectual Property Policy Intent and Principles (IP Policy).
Navigating conflicting State and Commonwealth laws
What happens when a State law conflicts with a Commonwealth law? Section 109 of the Constitution provides the answer (at least in theory!).
Can't touch this: when will the State and the Commonwealth be immune from each other's laws?
The Commonwealth Constitution establishes the Commonwealth and continues the existence of the former colonies as States. However, at least textually, it leaves open many questions about the interaction of the Commonwealth and the States.
What Government landlords and tenants need to know about the Retail Leases Amendment Act 2019 from 1 October
Key changes to the Retail Leases Act 2003 as of Thursday 1 October 2020.
All in a (notional) day's work: High Court has final say on entitlement to paid personal and carer's leave
In a landmark case, the High Court has upheld appeals in relation to the proper calculation of the entitlement to take paid personal or carer's leave.
Is the behaviour of civil litigants regulated in Victorian Courts?
The Civil Procedure Act 2010 (Vic) imposes behavioural obligations on all litigants in civil proceedings.
Legal obligations of employers and self-employed persons to notify WorkSafe of COVID-19 in a workplace
Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020 require employers and self-employed persons to notify WorkSafe when they become aware of COVID-19 in their workplace.
New Victorian workplace manslaughter offences
On 1 July 2020, Victoria joins the Australian Capital Territory, Queensland and the Northern Territory in having specific health and safety manslaughter laws in place.
COVID-19 business response checklist for IT contracts
COVID-19 has caused unprecedented disruption and we have developed a short check-list to assist Government organisations to mitigate their risks when procuring technology-related goods and services.
Government landlords - what the new COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 mean for you
What the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 mean for Government landlords.
COVID-19 Omnibus (Emergency Measures) Act 2020
Key changes to the Act regarding the COVID-19 Omnibus (Emergency Measures) Bill 2020.
Managing the rapid shift to remote litigation
The way in which Victorian courts and tribunals operate has changed dramatically in response to social distancing requirements.
Farming and agricultural leases confirmed as not part of the Retail Leases Act 2003 - what is covered and what will this mean to you?
The Minister for Small Business has made a determination that the Retail Leases Act 2003 does not apply to leases of farm premises for commercial farming or agricultural purposes.
Tortious liability of the State of Victoria
The State of Victoria is routinely sued in litigation. The vast majority of tortious claims involve a plaintiff suing several defendants, including the State.
An introduction to the Victorian courts
An introduction to the Victorian court system and the power of each court to hear matters within their respective jurisdictions.
Updated