Version incorporating amendments as at
17 December 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 1
3 Definitions 2
4 Act binds the Crown 5
Part 3—Workforce Inspectorate Victoria and Commissioner 7
Division 1—The Workforce Inspectorate Victoria 7
19 Establishment of the Workforce Inspectorate Victoria 7
20 Functions of the Workforce Inspectorate Victoria 8
21 Powers of the Workforce Inspectorate Victoria 9
22 Guiding principles of the Workforce Inspectorate Victoria 10
23 Staff of the Workforce Inspectorate Victoria 10
24 Ministerial directions 11
Division 2—Commissioner of the Workforce Inspectorate Victoria 11
25 Appointment of Commissioner 11
26 Terms and conditions of appointment 12
27 Vacancy and resignation 12
28 Removal from office 13
29 Acting appointment 13
30 Functions and powers of Commissioner 14
31 Power to delegate 14
Part 5—General matters 16
Division 2—Offences 16
69A Offence to cause or threaten detriment 16
70 Offence to give false or misleading information 18
Division 2A—Notifications and information 19
71 Notification and information from government agencies and bodies 19
Division 4—Other general matters 20
74 Validity of acts and decisions 20
75 Immunity for carrying out functions 20
77 Confidentiality 21
Division 5—Regulations 22
79 Regulations 22
Part 6—Saving and transitional provisions arising from Act title change and Wage Inspectorate Victoria name change 24
80 Construction of references 24
81 Saving provision—Wage Inspectorate Victoria 24
82 Saving provision—Commissioner 25
83 Regulations dealing with transitional matters 25
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Endnotes 27
1 General information 27
2 Table of Amendments 29
3 Explanatory details 30
Version No.
005
Workforce Inspectorate Victoria Act 2020
No. 21 of 2020
Version incorporating amendments as at
17 December 2025
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
S. 1(a) repealed by No. 35/2025 s. 4(1).
S. 1(b) amended by No. 35/2025 s. 4(2).
(b) to establish the Workforce Inspectorate Victoria; and
S. 1(c) amended by No. 35/2025 s. 4(3).
(c) to provide for the functions and powers of the Workforce Inspectorate Victoria; and
(d) to make consequential amendments of other Acts.
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 1 July 2021, it comes into operation on that day.
3 Definitions
(1) In this Act—
S. 3(1) def. of associate repealed by No. 35/2025 s. 5(1)(a).
S. 3(1) def. of board of directors repealed by No. 35/2025 s. 5(1)(b).
S. 3(1) def. of Commis-sioner amended by No. 35/2025 s. 5(3).
Commissioner means the Commissioner of the Workforce Inspectorate Victoria appointed under section 25(2);
S. 3(1) def. of corporate culture repealed by No. 35/2025 s. 5(1)(c).
S. 3(1) def. of employee repealed by No. 35/2025 s. 5(1)(d).
S. 3(1) def. of employee entitlement repealed by No. 35/2025 s. 5(1)(e).
S. 3(1) def. of employee entitlement offence repealed by No. 35/2025 s. 5(1)(f).
S. 3(1) def. of employee entitlement record repealed by No. 35/2025 s. 5(1)(g).
S. 3(1) def. of employer repealed by No. 35/2025 s. 5(1)(h).
S. 3(1) def. of inspector repealed by No. 35/2025 s. 5(1)(i).
S. 3(1) def. of Integrity Oversight Victoria inserted by No. 31/2024 s. 113(Sch. 1 item 42.1(a)), repealed by No. 35/2025 s. 5(1)(j).
S. 3(1) def. of Office of Public Prosecutions repealed by No. 35/2025 s. 5(1)(k).
S. 3(1) def. of officer repealed by No. 35/2025 s. 5(1)(l).
S. 3(1) def. of privilege repealed by No. 35/2025 s. 5(1)(m).
S. 3(1) def. of public construction inserted by No. 35/2025 s. 35.
public construction means—
(a) public construction within the meaning of the Project Development and Construction Management Act 1994; and
(b) any other construction or class of construction prescribed as public construction for the purposes of this Act;
S. 3(1) def. of registered office repealed by No. 35/2025 s. 5(1)(n).
S. 3(1) def. of undertaking repealed by No. 35/2025 s. 5(1)(o).
S. 3(1) def. of Victorian Inspectorate repealed by No. 31/2024 s. 113(Sch. 1 item 42.1(b)).
S. 3(1) def. of Wage Inspectorate Victoria repealed by No. 35/2025 s. 5(1)(p).
S. 3(1) def. of withhold repealed by No. 35/2025 s. 5(1)(q).
S. 3(1) def. of worker inserted by No. 35/2025 s. 5(2).
worker means a person who is or was—
(a) employed on a paid or voluntary basis to work at, or in relation to, a workplace; or
(b) engaged as an independent contractor to work at, or in relation to, a workplace;
S. 3(1) def. of Workforce Inspectorate Victoria inserted by No. 35/2025 s. 5(2).
Workforce Inspectorate Victoria means the Workforce Inspectorate Victoria established under section 19;
workplace includes residential premises where work is carried out, but does not include a part of any premises that is the domestic home of a person.
S. 3(2)(3) repealed by No. 35/2025 s. 5(4).
4 Act binds the Crown
(1) This Act binds the Crown—
(a) in right of the State of Victoria; and
(b) to the extent that the legislative power of the Parliament permits, in all its other capacities.
(2) To avoid doubt, the Crown is a body corporate for the purposes of this Act.
S. 5 repealed by No. 35/2025 s. 6.
Pt 2 (Heading and ss 6–18) repealed by No. 35/2025 s. 7.
Pt 3 (Heading) amended by No. 35/2025 s. 8.
Part 3—Workforce Inspectorate Victoria and Commissioner
Pt 3 Div. 1 (Heading) amended by No. 35/2025 s. 9.
Division 1—The Workforce Inspectorate Victoria
S. 19 (Heading) amended by No. 35/2025 s. 10(1).
19 Establishment of the Workforce Inspectorate Victoria
S. 19(1) amended by No. 35/2025 s. 10(2).
(1) The Workforce Inspectorate Victoria is established.
S. 19(2) amended by No. 35/2025 s. 10(2).
(2) The Workforce Inspectorate Victoria—
(a) is a body corporate with perpetual succession; and
(b) must have an official seal; and
(c) may sue and be sued in its corporate name; and
(d) may acquire, hold and dispose of real and personal property for the purpose of performing its functions; and
(e) may do and suffer all acts and things that bodies corporate may by law do and suffer and that are necessary or incidental for the performance of its functions.
S. 20 (Heading) amended by No. 35/2025 s. 11(1).
20 Functions of the Workforce Inspectorate Victoria
S. 20(1) amended by No. 35/2025 s. 11(2).
(1) The Workforce Inspectorate Victoria has the following functions—
(a) to inform, educate and assist people in relation to their rights and obligations under this Act;
(b) to promote, monitor and enforce compliance with this Act and the regulations;
S. 20(1)(c)–(e) repealed by No. 35/2025 s. 11(3).
(f) to develop and publish guidelines in relation to this Act;
(g) to perform functions necessary for the administration of this Act;
S. 20(1)(h) amended by No. 35/2025 s. 11(4).
(h) to provide advice and report to the Minister on the guidelines or any other matter referred to the Workforce Inspectorate Victoria by the Minister;
S. 20(1)(ha) inserted by No. 35/2025 s. 11(5).
(ha) to provide information, education and advice to workers, in relation to prescribed workplace entitlements matters;
(i) to engage in, promote and coordinate the sharing of information with other government agencies and bodies, including agencies and bodies of the government of the Commonwealth or another State or a Territory, for the purposes of this Act;
S. 20(1)(ia) inserted by No. 35/2025 s. 36.
(ia) to receive complaints or matters, and related information, regarding public construction from any person;
S. 20(1)(ib) inserted by No. 35/2025 s. 36.
(ib) to refer complaints or matters, and disclose related information, regarding public construction to other government agencies and bodies, including agencies and bodies of the Commonwealth or another State or Territory;
S. 20(1)(ic) inserted by No. 35/2025 s. 36.
(ic) to receive notifications and information from other government agencies and bodies regarding any complaints or matters the Workforce Inspectorate Victoria has referred to those government agencies and bodies;
S. 20(1)(id) inserted by No. 35/2025 s. 36.
(id) to provide advice and report to the Minister, as appropriate, on any complaints, matters, notifications or information the Workforce Inspectorate Victoria receives or refers;
(j) to disseminate information about the duties, rights and obligations of persons under this Act and the regulations;
(k) to refer matters, as appropriate, to other bodies;
S. 20(1)(l) amended by No. 35/2025 s. 11(6).
(l) any other function conferred on the Workforce Inspectorate Victoria by this or any other Act.
S. 20(2) amended by No. 35/2025 s. 11(6).
(2) The Workforce Inspectorate Victoria has all the powers that are necessary or convenient to perform its functions under this or any other Act.
S. 21 (Heading) amended by No. 35/2025 s. 12(1).
21 Powers of the Workforce Inspectorate Victoria
S. 21(1) amended by No. 35/2025 s. 12(2).
(1) The Workforce Inspectorate Victoria has power to do all things that are necessary or convenient to be done for or in connection with the performance of its duties and functions.
S. 21(2) repealed by No. 35/2025 s. 12(3).
S. 22 (Heading) amended by No. 35/2025 s. 13(1).
22 Guiding principles of the Workforce Inspectorate Victoria
S. 22(1) amended by No. 35/2025 s. 13(2).
The Workforce Inspectorate Victoria, in carrying out a function or power under this or any other Act, must—
(a) act in a fair, impartial and independent manner; and
(b) act in a manner that is transparent, accountable and consistent; and
(c) act in a consultative and collaborative manner to the extent that is consistent with the carrying out of a function or power.
S. 23 (Heading) amended by No. 35/2025 s. 14(1).
23 Staff of the Workforce Inspectorate Victoria
S. 23(1) amended by No. 35/2025 s. 14(2).
(1) There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary for the administration of this Act or to enable the Workforce Inspectorate Victoria to perform its functions and exercise its powers.
S. 23(2) amended by No. 35/2025 s. 14(2).
(2) The Workforce Inspectorate Victoria may engage consultants, contractors or agents for or in connection with the performance of the Workforce Inspectorate Victoria's functions.
S. 23(3) amended by No. 35/2025 s. 14(2)(3).
(3) The Workforce Inspectorate Victoria may enter into an agreement or arrangement for the use of the services of any person with suitable qualifications or experience to assist the Workforce Inspectorate Victoria in the performance of the Workforce Inspectorate Victoria's functions and powers under this or any other Act.
S. 23(4) amended by No. 35/2025 s. 14(2).
(4) An agreement or arrangement under subsection (3) may be on any terms and conditions that the Workforce Inspectorate Victoria is satisfied are appropriate.
24 Ministerial directions
S. 24(1) amended by No. 35/2025 s. 15(2).
(1) The Minister may give general written directions to the Workforce Inspectorate Victoria about the performance of the functions of the Workforce Inspectorate Victoria, except in relation to the following—
S. 24(1)(a) substituted by No. 35/2025 s. 15(1).
(a) the function under section 20(1)(ib);
(b) the employment or engagement (however described) of employees, consultants or other persons under section 23(1), (2) or (3).
S. 24(2) amended by No. 35/2025 s. 15(2).
(2) The Minister, in writing, may direct the Workforce Inspectorate Victoria to give the Minister reports on specified matters relating to the Workforce Inspectorate Victoria's functions.
S. 24(3) amended by No. 35/2025 s. 15(2).
(3) The Workforce Inspectorate Victoria must comply with a direction given under subsection (2) within a reasonable time.
Pt 3 Div. 2 (Heading) amended by No. 35/2025 s. 16.
Division 2—Commissioner of the Workforce Inspectorate Victoria
25 Appointment of Commissioner
S. 25(1) amended by No. 35/2025 s. 17.
(1) There is to be a Commissioner of the Workforce Inspectorate Victoria.
(2) The Governor in Council, on the recommendation of the Minister, may by instrument appoint a person to be the Commissioner.
26 Terms and conditions of appointment
(1) The Commissioner—
(a) holds office for a term, not exceeding 5 years, that is specified in the instrument of appointment; and
(b) is eligible for reappointment; and
(c) may be appointed on a full-time or part-time basis; and
(d) holds office on the terms and conditions that are specified in the instrument of appointment.
(2) The Commissioner is entitled to be paid the remuneration and allowances that are fixed from time to time by the Governor in Council.
27 Vacancy and resignation
The Commissioner ceases to hold office if the Commissioner—
(a) resigns by writing signed and delivered to the Governor; or
(b) becomes insolvent under administration; or
(c) is convicted of an indictable offence or of an offence that, if committed in Victoria, would be an indictable offence; or
(d) nominates for election for or is elected to—
(i) the Parliament of Victoria; or
(ii) the Parliament of the Commonwealth or of another State or a Territory of the Commonwealth; or
(iii) a Council, within the meaning of the Local Government Act 2020; or
(e) is removed from office under section 28.
28 Removal from office
The Governor in Council, on the recommendation of the Minister, may remove the Commissioner from office on any of the following grounds—
(a) neglect of the Commissioner in carrying out the duties of the office;
(b) misconduct by the Commissioner in carrying out the duties of the office;
(c) inability of the Commissioner to perform the duties of the office;
(d) a conflict of interest of the Commissioner when carrying out the duties of the office;
(e) the Commissioner engaging in paid employment outside of the duties of the office without the consent of the Minister.
29 Acting appointment
(1) The Governor in Council, on the recommendation of the Minister, may appoint a person to act as the Commissioner—
(a) during a vacancy in the office of the Commissioner; or
(b) during any period, not exceeding 12 months, when the Commissioner is absent or is for any other reason unable to perform the duties of the office of Commissioner.
(2) A person appointed under subsection (1) is entitled to the remuneration and allowances that are determined from time to time by the Governor in Council.
(3) While a person is acting as the Commissioner, the person has all the powers and may perform any of the functions of the Commissioner.
(4) The Governor in Council, on the recommendation of the Minister, may revoke an appointment under subsection (1) at any time.
30 Functions and powers of Commissioner
(1) The Commissioner—
S. 30(1)(a) amended by No. 35/2025 s. 18.
(a) has all the duties, functions and powers of the Workforce Inspectorate Victoria; and
(b) has any other duties, functions and powers conferred on the Commissioner under this Act or any other Act.
(2) The Commissioner—
S. 30(2)(a) amended by No. 35/2025 s. 18.
(a) is responsible for undertaking the strategic leadership of the Workforce Inspectorate Victoria for the purposes of this Act; and
S. 30(2)(b) amended by No. 35/2025 s. 18.
(b) is the public service body Head of the Workforce Inspectorate Victoria for the purposes of section 16 of the Public Administration Act 2004.
S. 30(3) amended by No. 35/2025 s. 18.
(3) All acts and things done by the Commissioner in the name of or on behalf of the Workforce Inspectorate Victoria are taken to have been done by the Workforce Inspectorate Victoria.
S. 31 amended by No. 35/2025 s. 19.
31 Power to delegate
The Commissioner, by instrument, may delegate to any person referred to in section 23(1) any function or power of the Commissioner under this Act (including a function or power referred to in section 30(1)(a)), or under any other Act, other than this power of delegation.
Pt 4 (Headings and ss 32–62) amended by No. 31/2024 s. 113(Sch. 1 items 42.2–42.6), repealed by No. 35/2025 s. 20.
Part 5—General matters
Pt 5 Div. 1 (Heading and ss 63–65) repealed by No. 35/2025 s. 21.
Division 2—Offences
S. 66 repealed by No. 35/2025 s. 22.
S. 67 repealed by No. 35/2025 s. 23.
S. 68 repealed by No. 35/2025 s. 24.
S. 69 repealed by No. 35/2025 s. 25.
S. 69A inserted by No. 57/2025 s. 30.
69A Offence to cause or threaten detriment
(1) A person must not cause detriment, or threaten to cause detriment, to another person because the person knows or believes that the other person—
(a) has made a complaint to Workforce Inspectorate Victoria; or
(b) has provided information about public construction to Workforce Inspectorate Victoria; or
(c) intends to make, or is considering whether to make, a complaint to Workforce Inspectorate Victoria; or
(d) intends to provide, or is considering whether to provide, information about public construction to Workforce Inspectorate Victoria; or
(e) has participated, or is participating, in a process under this or any other Act arising from any person's complaint to Workforce Inspectorate Victoria; or
(f) intends to participate in, or is considering whether to participate in, a process under this or any other Act arising from any person's complaint to Workforce Inspectorate Victoria.
Penalty: Level 5 fine (1200 penalty units maximum) or level 5 imprisonment (10 years maximum) or both.
(2) Detriment that is caused or threatened to be caused may be direct or indirect.
(3) A person threatens to cause detriment to another person if the person—
(a) intends that the other person will believe that the person will cause detriment to the other person; or
(b) is reckless as to whether the other person will believe that the person will cause detriment to the other person.
(4) A threat—
(a) may be made by words or conduct; and
(b) may be explicit or implicit; and
(c) need not be believed by the other person.
(5) A person's—
(a) knowledge need not be the only reason the person causes, or threatens to cause, detriment; and
(b) belief need not be—
(i) reasonable; or
(ii) the only reason the person causes, or threatens to cause, detriment.
(6) In this section—
detriment—
(a) includes—
(i) injury;
(ii) intimidation or harassment;
(iii) ostracism;
(iv) damage to or loss of property;
(b) does not include—
(i) discrimination, disadvantage or adverse treatment in or in connection with employment;
(ii) dismissal from, or prejudice in or in connection with, employment;
(iii) disciplinary proceedings in or in connection with employment.
70 Offence to give false or misleading information
S. 70(1) amended by No. 35/2025 s. 26(1).
(1) A person must not give information to the Workforce Inspectorate Victoria or the Commissioner that the person believes to be false or misleading in a material particular.
In the case of a body corporate, level 5 fine (1200 penalty units maximum);
In any other case, level 7 imprisonment (2 years maximum).
S. 70(2) amended by No. 35/2025 s. 26(2).
(2) A person must not produce a document to the Workforce Inspectorate Victoria or the Commissioner that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.
In the case of a body corporate, level 5 fine (1200 penalty units maximum);
In any other case, level 7 imprisonment (2 years maximum).
Pt 5 Div. 2A (Heading and new s. 71) inserted by No. 35/2025 s. 37.
Division 2A—Notifications and information
New s. 71 inserted by No. 35/2025 s. 37.
71 Notification and information from government agencies and bodies
(1) At any time, the Workforce Inspectorate Victoria may request notification or information from a government agency or body regarding—
(a) any investigation the agency or body has undertaken of a complaint or matter the Workforce Inspectorate Victoria has referred to the agency or body; and
(b) any action the agency or body has taken in respect of a complaint or matter the Workforce Inspectorate Victoria has referred to the agency or body.
(2) A government agency or body that receives a request under subsection (1) must provide the required notification or information within a reasonable time, as specified by the Workforce Inspectorate Victoria.
Pt 5 Div. 3 (Heading and ss 71–73) repealed by No. 35/2025 s. 27.
Division 4—Other general matters
S. 74 amended by No. 35/2025 s. 28.
74 Validity of acts and decisions
An act or decision of the Workforce Inspectorate Victoria, the Commissioner or an Acting Commissioner is not invalid—
(a) only because of a defect or irregularity in, or in connection with, the appointment of the Commissioner or Acting Commissioner; or
(b) on the ground that the occasion for the Acting Commissioner to act had not arisen or had ceased.
75 Immunity for carrying out functions
(1) The Commissioner, Acting Commissioner or another person who performs a function of the Commissioner under this Act or under any other Act is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—
(a) in the performance of the function; or
(b) in the reasonable belief that the act or omission was in the performance of the function.
S. 75(2) amended by No. 35/2025 s. 29.
(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the Commissioner, Acting Commissioner or another person attaches instead to the Workforce Inspectorate Victoria.
S. 76 repealed by No. 35/2025 s. 30.
77 Confidentiality
(1) A person who obtains information in performing the person's functions or exercising the person's powers under this Act must not disclose the information unless the disclosure is authorised under this section.
Penalty: 75 penalty units.
(2) A person may disclose information acquired in performing a function or exercising a power under this Act in any of the following circumstances—
(a) if the disclosure of the information is reasonably necessary for the person to perform the person's functions or exercise the person's powers under this Act;
S. 77(2)(ab) inserted by No. 35/2025 s. 38.
(ab) if the disclosure of the information is in accordance with the Workforce Inspectorate Victoria's functions under section 20(1)(ib) or (id);
(b) if the disclosure of the information is to a court or VCAT in the course of legal proceedings;
(c) if the disclosure of the information is under an order of a court or VCAT;
(d) if the disclosure of the information is to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or Territory or of the Commonwealth;
(e) if the disclosure of the information is with the written consent of the person to whom the information relates;
(f) if the disclosure is required by law.
S. 77(3) amended by No. 35/2025 s. 31.
(3) The Commissioner may disclose information acquired in carrying out a function under this Act if the Commissioner is satisfied that it is in the public interest to do so.
S. 78 repealed by No. 35/2025 s. 32.
Division 5—Regulations
79 Regulations
S. 79(1) substituted by No. 35/2025 s. 33(1).
(1) The Governor in Council may make regulations for or with respect to—
(a) prescribing workplace entitlements matters for the purposes of section 20(1)(ha); and
S. 79(1)(ab) inserted by No. 35/2025 s. 39.
(ab) prescribing construction or classes of construction for the purposes of paragraph (b) of the definition of public construction, including any matter relating to the construction, maintenance, rehabilitation, alteration, extension or demolition of any improvements on land; and
(b) prescribing, generally, any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
S. 79(2) repealed by No. 35/2025 s. 33(1).
(3) The regulations—
(a) may be of general or of specially limited application; and
(b) may differ according to differences in time, place or circumstance; and
(c) may confer a discretionary authority, or impose a duty, on a specified person or body or class of person or body.
S. 79(4) repealed by No. 35/2025 s. 33(2).
Pt 6 (Headings and ss
80–100) repealed by No. 21/2020 s. 100, new Pt 6 (Heading and new ss 80–83) inserted by No. 35/2025 s. 40.
Part 6—Saving and transitional provisions arising from Act title change and Wage Inspectorate Victoria name change
New s. 80 inserted by No. 35/2025 s. 40.
80 Construction of references
Unless the contrary intention appears, on and after the commencement of Part 2 of the Wage Theft Amendment Act 2025, in any Act, subordinate instrument, agreement or other document (other than this Act), as far as it relates to any period after that commencement—
(a) a reference to the Wage Theft Act 2020 is to be construed as a reference to the Workforce Inspectorate Victoria Act 2020; and
(b) a reference to the Wage Inspectorate Victoria is to be construed as a reference to the Workforce Inspectorate Victoria.
New s. 81 inserted by No. 35/2025 s. 40.
81 Saving provision—Wage Inspectorate Victoria
On and after the commencement of Part 2 of the Wage Theft Amendment Act 2025, the Workforce Inspectorate Victoria is taken to be the same body as the Wage Inspectorate Victoria was immediately before that commencement and no decision, matter or thing is to be affected by the change in name.
New s. 82 inserted by No. 35/2025 s. 40.
82 Saving provision—Commissioner
(1) On and after the commencement of Part 2 of the Wage Theft Amendment Act 2025, the Commissioner holding office immediately before that commencement continues to hold office as the Commissioner on and after that commencement on the same terms and conditions on which the person held office immediately before that commencement and no decision, matter or thing is affected by the change in name.
(2) Nothing in subsection (1) affects the operation of Division 2 of Part 3 in relation to the person referred to in subsection (1) from any time after the commencement of Part 2 of the Wage Theft Amendment Act 2025.
New s. 83 inserted by No. 35/2025 s. 40.
83 Regulations dealing with transitional matters
(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Wage Theft Amendment Act 2025, including any repeals and amendments made by that Act.
(2) Regulations made under this section may—
(a) have a retrospective effect to a day on or from the day on which the Wage Theft Amendment Act 2025 received the Royal Assent; and
(b) be of limited or general application; and
(c) leave any matter or thing to be decided by a specified person or class of person; and
(d) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this section.
(3) Regulations made under this section have effect despite anything to the contrary—
(a) in any Act other than the Wage Theft Amendment Act 2025 or the Charter of Human Rights and Responsibilities Act 2006; or
(b) in any subordinate instrument.
(4) This section is repealed on the second anniversary of the day on which it comes into operation.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 19 March 2020
Legislative Council: 4 June 2020
The long title for the Bill for this Act was "A Bill for an Act to create offences relating to the theft of employee entitlements and the keeping of records relating to employee entitlements, to establish the Wage Inspectorate Victoria and for other purposes."
The Wage Theft Act 2020 was assented to on 23 June 2020 and came into operation on 1 July 2021: section 2(2).
The title of this Act was changed from the Wage Theft Act 2020 to the Workforce Inspectorate Victoria Act 2020 by section 34 of the Wage Theft Amendment Act 2025, No. 35/2025.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Workforce Inspectorate Victoria Act 2020 by Acts and subordinate instruments.