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

At a glance

• The Victoria 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 challenge on the basis that the Victoria government does not have jurisdiction to introduce laws relating to workplace relations (as these powers are deferred to the federal government). It is also the only state planning to introduce this type of working-from-home measure. However, the Victoria government may seek to bring the laws within its health and safety or equal opportunities powers.