WorkSafe lays charge after assault on youth justice worker

WorkSafe Victoria has laid a charge against the Department of Justice and Community Safety following an assault on a worker at a Melbourne Youth Justice centre in March 2023. This action highlights ongoing concerns around occupational health and safety in high-risk custodial settings, and it underscores why robust safety systems remain essential for protecting frontline personnel.

A single charge has been brought against the department for failing to meet the requirements of section 21(1) of the Occupational Health and Safety Act, which pertains to the provision and maintenance of a safe working environment.

Details of the Charge

The department stands accused of breaching section 21(2)(a) of the OHS Act by failing to implement a safe system of work to minimise risk of "occupational violence and aggression during evening lockdown." This alleged failure points to broader gaps in how custodial services manage safety during high-risk periods.

Related coverage of this matter, including background on how WorkSafe Victoria took legal action against the government department following the assault on the youth justice worker, provides further context on the incident and its aftermath. A separate report also detailed how a worker was hospitalised following an alleged assault at a Victorian youth centre, illustrating the severity of risks faced by staff in these facilities.

Court Proceedings

Case proceedings are scheduled for a mention hearing at Melbourne Magistrates' Court on April 8, 2024. Outcomes from this hearing will offer clarity on how Victoria's regulator intends to hold government departments accountable for occupational safety obligations.

Why This Case Matters for Safety Compliance

Incidents like this reinforce why employers across Victoria must maintain rigorous health and safety services, particularly in environments where staff face elevated risk of violence or aggression. Under Victorian law, duty holders carry clear obligations to identify hazards, assess risks, and put in place control measures that genuinely protect workers.

For organisations managing custodial, healthcare, or other high-risk facilities, this case serves as a reminder that:

• Safety systems must specifically address occupational violence and aggression, not just generic workplace hazards.
• Evening and low-staffing periods often require additional safety controls and monitoring.
• Departments and employers face significant regulatory scrutiny when safety failures result in worker harm.
• Documented, auditable safety procedures are critical evidence of compliance during regulatory investigations.

This case is not isolated. Similar enforcement actions, such as when NT WorkSafe laid charges after a council worker nearly drowned, demonstrate a consistent national trend toward stronger accountability for workplace safety failures.

Practical Steps for Strengthening Safety Compliance

Organisations seeking to reduce their exposure to similar charges should consider:

• Reviewing and updating risk assessments for occupational violence, particularly during shift changes or lockdown periods.
• Maintaining accurate records using tools such as a first aid worker register to track incident response readiness.
• Implementing communication protocols, including an isolated worker communication log, for staff working in high-risk or solitary conditions.
• Establishing clear worker and contractor manuals outlining expectations, procedures, and escalation pathways.

Employers should also review governance documents such as a worker agreement policy to confirm safety obligations remain current and enforceable.

Regulatory Context

WorkSafe Victoria continues to prioritise enforcement action where alleged breaches place employees at serious risk. This case, alongside consistent scrutiny of custodial and community services, signals that health and safety compliance remains a top regulatory priority across Victoria's public sector.

Employers operating in Victoria, and more broadly across Australia, should treat this prosecution as a clear signal: occupational violence prevention deserves the same rigour as physical hazard management. Investing in comprehensive safety planning, staff training, and documented procedures remains the most effective defence against both regulatory action and worker harm.

Source: WorkSafe Victoria