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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Occupational Health and Safety
Amendment (Sentencing Guidelines)
Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Occupational Health and Safety Act 1983
No 20 2
Schedule 1 Amendment 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2000
New South Wales
Occupational Health and Safety
Amendment (Sentencing Guidelines)
Bill 2000
Act No , 2000
An Act to amend the Occupational Health and Safety Act 1983 with respect to
guidelines for the sentencing of persons convicted of occupational health and safety
offences.
Clause 1 Occupational Health and Safety Amendment (Sentencing Guidelines)
Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Occupational Health and Safety Amendment
(Sentencing Guidelines) Act 2000.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Occupational Health and Safety Act 1983 No 20
The Occupational Health and Safety Act 1983 is amended as set out
in Schedule 1.
Page 2
Occupational Health and Safety Amendment (Sentencing Guidelines)
Bill 2000
Amendment Schedule 1
Schedule 1 Amendment
(Section 3)
Part 7
Insert after Part 6:
Part 7 Sentencing guidelines
Division 1 Interpretation
56 Definitions
In this Part:
Full Bench means the Full Bench of the Industrial Relations
Commission in Court Session.
guideline judgment means a judgment of the Full Bench
containing guidelines to be taken into account by the Industrial
Relations Commission in Court Session, a Local Court, the
District Court or the Supreme Court in sentencing persons
convicted of an offence being:
(a) guidelines that apply generally, or
(b) guidelines that apply to particular courts (or the
Industrial Relations Commission in Court Session) or
classes of courts, to particular offences or classes of
offences, to particular penalties or classes of penalties or
to particular classes of persons convicted of an offence
(but not to particular persons).
guideline proceedings means proceedings under section 57 on
an application for a guideline judgment referred to in that
section.
offence means an offence under this Act, the regulations or the
associated occupational health and safety legislation.
State peak council has the meaning that it has in the Dictionary
to the Industrial Relations Act 1996.
Page 3
Occupational Health and Safety Amendment (Sentencing Guidelines)
Bill 2000
Schedule 1 Amendment
Division 2 Applications for sentencing guidelines
57 Guideline judgments on application of Attorney General
(1) The Full Bench may give a guideline judgment on application
of the Attorney General.
(2) An application for a guideline judgment may include
submissions with respect to the framing of the guidelines.
(3) An application is not to be made in any proceedings before the
Full Bench with respect to any particular person.
(4) The powers and jurisdiction of the Full Bench to give a
guideline judgment in proceedings under this section in relation
to an offence are the same as the powers and jurisdiction that
the Court of Criminal Appeal has to give a guideline judgment
in a pending proceeding relating to an offence apart from
section 37 of the Crimes (Sentencing Procedure) Act 1999.
(5) A guideline judgment under this section may be given
separately or may be included in any judgment of the Full
Bench that it considers appropriate.
58 Peak councils may intervene
(1) A State peak council, or a representative of a State peak council
who is a legal practitioner, may appear in guideline
proceedings.
(2) Without limiting subsection (1), a State peak council or its
representative may do either or both of the following:
(a) make submissions with respect to the framing of the
guidelines,
(b) assist the Full Bench with respect to any relevant matter.
59 Full Bench may give persons or organisations leave to appear
(1) The Full Bench may grant leave to any person, organisation or
government department or agency (or a representative of any
person, organisation, department or agency who is a legal
practitioner) to appear in guideline proceedings.
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Occupational Health and Safety Amendment (Sentencing Guidelines)
Bill 2000
Amendment Schedule 1
(2) Without limiting subsection (1), any person, organisation,
government department or agency that is granted leave to
appear (or its representative, if any) may do either or both of
the following:
(a) make submissions with respect to the framing of the
guidelines,
(b) assist the Full Bench with respect to any relevant matter.
(3) This section does not apply to State peak councils.
60 Alteration of guideline judgments
A guideline judgment given in proceedings under section 57
may be reviewed, varied or revoked in a subsequent guideline
judgment of the Full Bench, whether made under that section
or apart from it.
61 Discretion of Full Bench preserved
Nothing in this Part:
(a) limits any power or jurisdiction of the Full Bench to
give a guideline judgment that the Full Bench has apart
from section 57, or
(b) requires the Full Bench to give any guideline judgment
under section 57 if it considers it inappropriate to do so.
62 Rules of Industrial Relations Commission
Rules of the Industrial Relations Commission may be made
under the Industrial Relations Act 1996 with respect to
applications, and proceedings to determine applications, under
this Part.
Division 3 Miscellaneous
63 Use of evidence in giving guideline judgments
(1) Nothing in section 12 of the Criminal Appeal Act 1912 or in
section 163 (2) of the Industrial Relations Act 1996 limits the
evidence or other matters that the Full Bench may take into
consideration in giving a guideline judgment (whether or not on
Page 5
Occupational Health and Safety Amendment (Sentencing Guidelines)
Bill 2000
Schedule 1 Amendment
an application under this Part) and the Full Bench may inform
itself as it sees fit.
(2) The Full Bench must not increase a sentence in any appeal by
reason of, or in consideration of, any evidence that is used by
the Full Bench in giving a guideline judgment in the appeal but
was not given in the original proceedings.
Page 6
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