The Sentencing of OHS Offences in Victoria
The Sentencing Advisory Council (SAC) has recently reviewed the sentencing of breaches of the Victorian Occupational Health and Safety Act 2004. Through their review, they discovered that there is a need to change sentencing practices in Victoria. They found that punishments were often not appropriate and not in line with community expectations, and that sentencing orders such as adverse publicity orders and health and safety orders are being underutilised. In addition, many fines are going unpaid.
Following a period of review and consultation, the SAC has recently published its’ report into the sentencing of OHS offences in Victoria.
The SAC have made 12 recommendations, divided into 3 categories:
1. Victim related recommendations
– relating to victim impact statements and restorative justice.
2. Sentencing Practices
– relating to enforceable undertakings/ health and safety orders, adverse publicity orders, increasing penalties for OHS breaches and the inclusion of Sentencing Guidelines in the OHS Act.
3. Fine Payment
– relating to fines being paid to WorkSafe, reviews of fines outstanding, declared director notices and successor liability.
The recommendation to introduce Sentencing Guidelines would follow the example of the UK, where they already exist. However, Victoria will represent a world first if these guidelines are introduced as recommended – in legislation.
If implemented, this suite of changes could lead to much improved Occupational Health and Safety outcomes for Victorian workplaces.
Interested in finding out more? Take a look at: Sentencing Advisory Council Recommends Major Changes to Sentencing of Workplace Safety Offences | Sentencing Council
