Originally published by the Australian Institute of Health & Safety
The Victorian Government is looking to review the sentencing of OHS offences committed by both individuals and organisations after it provided the Sentencing Advisory Council with terms of reference to make relevant recommendations for reform.
This will be the first examination of sentencing practices for OHS offences since Victoria’s Occupational Health and Safety Act came into effect almost 20 years ago.
The Victorian Attorney-General has asked the council to:
- examine sentencing practices for OHS offences
- consult with stakeholders and the community
- consider whether sentencing practices align with community expectations
- consider the role of injured workers and their families in sentencing proceedings and
- examine the enforcement of sentencing orders, especially payment rates for court fines.
The Sentencing Advisory Council, an independent statutory body established in 2004, will be consulting extensively with employee representatives and unions, industry groups and employers, the legal profession, and the broader community to identify potential areas for reform.
It will also be examining court data to understand sentencing practices for OHS offences, as well as fine repayment rates, using data provided by WorkSafe Victoria, the courts, and Fines Victoria.
The Council will be publishing a consultation paper in February, which will include a call for submissions, along with a statistical report on the sentencing of OHS offences to help inform consultations.
The Council will then host a series of community forums across Victoria to gauge community expectations about how corporations and individuals should be sentenced for breaches of duties to keep employees and others safe at work.
“Twenty years on from the landmark Maxwell Review, it is timely that the Council review how the courts are interpreting the workplace safety laws that are so important to our community,” said WorkSafe Victoria CEO, Joe Calafiore.
The Council has been asked to deliver its final report with recommendations to the Attorney-General and the Minister for WorkSafe Victoria and the TAC by 31 December 2024.
