Victorian state government plans to make working from home a legal right

At a glance

• The Victorian state government has announced that it plans to introduce legislation in 2026 to give employees a right to work from home for two days per week.
• Exemptions will apply for roles which cannot be performed from home but it remains to be seen how these exclusions will be framed in practice.
• The new legislation is likely to face Constitutional challenge on the basis that the Victorian government does not have power to make laws relating to workplace relations (as these powers were referred by Victoria to the federal government). However, the Victorian government may seek to make the laws under its powers to make laws relating to health and safety or equal opportunity. At this stage, it is the only state or territory planning to introduce this type of working-from-home measure.