Do you have a legal right to work from home in Victoria?

Victoria's work from home bill as at 8 October 2026: what it would give employees, who is left out, when an employer could say no, where it is stuck in Parliament and the federal right to request flexible work.

Published

Not yet. As at 8 October 2026, Victoria's work from home law is a bill that has passed the lower house and is waiting in the upper house. It would give eligible employees a legal right to work from home up to 2 days a week, where that is reasonable. The upper house has sent the bill to a committee, which is due to report by 20 October 2026.

What is Victoria's work from home law?

It is the Equal Opportunity Amendment (Work from Home) Bill 2026. It would add a right to work from home to Victoria's Equal Opportunity Act 2010. Premier Jacinta Allan's government introduced it on 16 June 2026, and her office said that day that "Victorians who can work from home will have the legal right to do so two days a week."

Under the bill, an eligible employee who works 38 hours or more a week could work from home for up to 2 days a week, where it is reasonable. Employees who work fewer hours would get a pro rata share. In the upper house debate, a government member described that share as 40% of their working hours.

"Home" includes another place you and your employer agree on.

Has the work from home bill passed?

No. This is where it stood on 8 October 2026:

  • 16 June 2026: introduced in the Legislative Assembly, the lower house.
  • 30 July 2026: passed the Legislative Assembly without amendment, and introduced in the Legislative Council, the upper house.
  • 10 September 2026: the Legislative Council voted 18 to 17 to refer the bill to a select committee for inquiry, with a report due by 20 October 2026. Debate on the bill is deferred until the committee's final report.

The bill has not passed both houses and has not received Royal Assent. The Victorian Equal Opportunity and Human Rights Commission says it is "not yet in force" and that its provisions may change during the legislative process.

When would the work from home law start?

The bill as introduced starts on 1 September 2026, and applies to employers with fewer than 15 employees from 1 July 2027. The first of those dates passed while the bill was waiting in the upper house.

In the upper house debate on 10 September 2026, government members said the government would amend the bill so that it starts on 1 July 2027, and on 1 January 2028 for small businesses with fewer than 15 employees. Those amendments had not been made as at 8 October 2026.

Who would be covered by the right to work from home?

Eligible employees whose work can reasonably be done from home. A government member told the upper house it applies across industries and business sizes. Government members also said the amended bill would cover employees whose principal place of residence is in Victoria.

The bill as introduced leaves out:

  • employees on probation
  • employees in an apprenticeship, traineeship, internship, graduate program, work experience program or similar program, while they are in it
  • casual employees who are not employed on a regular and systematic basis
  • employees who can already request flexible work under the federal Fair Work Act because of their personal circumstances, and who want the change because of those circumstances. They keep using the federal process.
  • a few other groups listed in the bill or added later by regulation.

Graduates would be left out only while they are in the program.

How would you use the right to work from home?

Under the bill as introduced:

  • You give your employer a written work from home notice. It sets out the days and any times you intend to work from home, and whether you will work from somewhere other than your home.
  • Your employer must let you work from home as set out in your notice, unless that is not reasonable.
  • If your chosen days are not reasonable, your employer must allow the same amount of time on other days if that is reasonable. If that isn't reasonable either, it must allow any shorter period that is.
  • Your employer must reply in writing within 21 days. Government members said the amendments would extend this to 28 days.
  • Your employer must pay the reasonable costs of you working from home, including essential equipment and secure access to its systems. Government members said employers would not have to pay for basic utilities or general internet.

When could your employer say no?

Only when working from home is not reasonable. The bill lists the only matters an employer can consider:

  • the inherent requirements of the role, such as whether it needs you in person at the workplace, needs equipment that is there, or needs face to face contact with the public, clients or customers
  • whether it would be likely to cause a significant drop in productivity or efficiency
  • an adverse impact on anyone's safety
  • a significant adverse impact on supervision, training or professional development, on building relationships with stakeholders, clients or customers, on customer service, or on confidentiality or data protection
  • excessive financial costs, impractical changes to other people's working arrangements, or new hires that would be impractical
  • anything added by regulation.

If you think your notice was wrongly refused, you could take it to the Victorian Equal Opportunity and Human Rights Commission for free conciliation. If that doesn't settle it, you could apply to the Victorian Civil and Administrative Tribunal (VCAT), which could order your employer to let you work from home.

What is the federal law on working from home?

The Fair Work Act lets some employees request flexible working arrangements, and the Fair Work Ombudsman gives working from home as an example. You can make a request if you have worked for the same employer for at least 12 months and you:

  • are the parent of, or care for, a child who is school aged or younger
  • are a carer under the Carer Recognition Act 2010
  • have a disability
  • are 55 or older
  • are pregnant
  • are experiencing family and domestic violence, or support an immediate family or household member who is.

Casual employees can request too if they meet one of these, have worked regularly and systematically for the same employer for at least 12 months, and reasonably expect that to continue.

Your request must be in writing and explain the change you want and why. Your employer must reply in writing within 21 days. It can refuse only on reasonable business grounds, and only after discussing the request with you, trying to agree on an alternative and considering the consequences of refusing. If you can't resolve it at work, the Fair Work Commission can deal with the dispute and make orders.

The Fair Work Ombudsman says that if a state or territory law gives an employee a better entitlement to flexible working arrangements, that law continues to apply. Our guide to returning from parental leave covers flexible work requests after a baby.

What should Victorian workers do now?

  • Check your contract, enterprise agreement and workplace policy for any work from home terms you already have.
  • If you fit one of the federal categories, you can make a written flexible working request today.
  • Watch for the select committee's report, due by 20 October 2026, and whether the upper house then passes the bill.

If working from home has blurred your hours, our guide to the right to disconnect covers contact outside your working hours.

This is general information, not legal advice. The bill may change before it passes, and its status above is as at 8 October 2026.

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