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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes (Workplace Deaths and Serious Injuries)
Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF CRIMES ACT 1958 3
3. New Subdivision (3) inserted in Division 1 of Part I 3
(3) Corporate liability for death or serious injury 3
11. Definitions 3
12. Subdivision to bind bodies corporate that represent the
Crown 6
13. Corporate manslaughter 6
14. Negligently causing serious injury by a body corporate 7
14A. Attribution of certain conduct 7
14B. Negligence 8
14C. Senior officer offences 10
14D. Court may order offenders to take specified actions 13
14E. Liability of body corporate for other offences 15
14F. Territorial nexus for offences 15
4. Consequential amendments 16
5. New section 595 inserted 16
595. Transitional provisions--Crimes (Workplace Deaths
and Serious Injuries) Act 2001 16
PART 3--AMENDMENT OF DANGEROUS GOODS ACT 1985 18
6. Privilege against self-incrimination 18
7. Indictable offences 18
8. Penalties 19
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Clause Page
PART 4--AMENDMENT OF EQUIPMENT (PUBLIC SAFETY)
ACT 1994 21
9. Privilege against self-incrimination 21
10. Increased penalties 21
PART 5--AMENDMENT OF OCCUPATIONAL HEALTH AND
SAFETY ACT 1985 23
11. Privilege against self-incrimination 23
12. Increased penalties 23
13. Duties of employers 24
14. Discrimination against employees etc. 25
PART 6--AMENDMENT OF MAGISTRATES' COURT ACT 1989 26
15. Indictable offences triable summarily--penalties 26
PART 7--AMENDMENT OF ACCIDENT COMPENSATION ACT
1985 28
16. Dismissal of worker 28
17. Dissemination of information 28
ENDNOTES 29
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PARLIAMENT OF VICTORIA
Initiated in Assembly 21 November 2001
A BILL
to amend the Crimes Act 1958 to create new offences of corporate
manslaughter and negligently causing serious injury by a body
corporate, to amend the Dangerous Goods Act 1985, the Equipment
(Public Safety) Act 1994, the Occupational Health and Safety Act
1985, the Magistrates' Court Act 1989 and the Accident
Compensation Act 1985 and for other purposes.
Crimes (Workplace Deaths and Serious
Injuries) Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
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(a) to create new criminal offences of corporate
manslaughter and negligently causing
serious injury by a body corporate in certain
circumstances; and
5 (b) to impose criminal liability on senior officers
of a body corporate in certain circumstances;
and
(c) to increase penalties in health and safety
legislation; and
10 (d) to make other miscellaneous amendments to
health and safety legislation.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
15 _______________
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PART 2--AMENDMENT OF CRIMES ACT 1958
3. New Subdivision (3) inserted in Division 1 of Part I
See:
After section 10 of the Crimes Act 1958 insert-- Act No.
6231.
'(3) Corporate liability for death or Reprint No. 15
5 as at
serious injury
1 September
1999
11. Definitions and
amending
(1) In this Subdivision-- Act Nos
26/1999,
"agent" means-- 53/2000,
67/2000,
(a) a person (including an 74/2000,
10 86/2000,
independent contractor) engaged
92/2000,
by the body corporate to provide 45/2001,
58/2001,
services to the body corporate in
61/2001 and
relation to matters over which the 69/2001.
body corporate-- LawToday:
www.dms.
15 dpc.vic.
(i) has control; or gov.au
(ii) would have had control but
for any agreement between
the body corporate and the
agent to the contrary; or
20 (b) a person (including an
independent contractor) engaged
by another agent of the body
corporate, or an agent of an agent,
to provide services relating to the
25 body corporate to that other agent
in relation to matters over which
that other agent--
(i) has control; or
(ii) would have had control but
30 for any agreement between
the agents to the contrary;
"conduct" includes an omission to act;
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"employee" does not include an
independent contractor;
"industry" includes--
(a) any trade, manufacture, business,
5 project or occupation in which
persons work; or
(b) part of an industry or a number of
industries;
"outworker" means a person engaged, for
10 someone else's industry, in or about a
private residence or other premises that
are not necessarily business or
commercial premises--
(a) to pack, process or work on
15 articles or material; or
(b) to carry out clerical work;
"senior officer" has the same meaning as
"officer" has, in relation to a
corporation, in the Corporations Act;
20 "serious injury" has the same meaning as
in Subdivision (4);
"worker" means--
(a) a senior officer of a body
corporate, who is not an employee
25 of the body corporate; or
(b) a person (including an
independent contractor) engaged
by an employer to provide
services to the employer; or
30 (c) a person (including an
independent contractor) engaged
by another person on behalf of an
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employer to provide services
relating to the employer to that
other person; or
(d) an employee or senior officer of
5 the person first mentioned in
paragraph (b) or (c); or
(e) a person who is, or is a member of
a class of persons, deemed or
declared to be an employee by or
10 under an Act of this or any other
State or a Territory or of the
Commonwealth; or
(f) an employee of the Crown in right
of Victoria or the Crown in any
15 other capacity; or
(g) an outworker; or
(h) an apprentice or trainee.
(2) The death of an employee or a serious injury
to an employee is deemed to occur in the
20 course of his or her employment if the death
or serious injury occurs in any circumstance
referred to in paragraph (a), (b), (c) or (d) of
section 83(1) of the Accident
Compensation Act 1985.
25 (3) The death of a worker or a serious injury to a
worker is deemed to occur in the course of
providing services if the death or serious
injury occurs in any circumstance referred to
in paragraph (a), (b), (c) or (d) of section
30 83(1) of the Accident Compensation Act
1985 and those paragraphs apply as if any
reference in them to employment included a
reference to providing services under a
contract or other arrangement.
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(4) A reference in this Subdivision to providing
services to a person or body includes a
reference to performing work for the person
or body.
5 12. Subdivision to bind bodies corporate that
represent the Crown
(1) This Subdivision binds any body corporate
that represents the Crown if the body
corporate is established by or under an Act
10 or is deemed or declared to be a body
corporate by or under an Act.
(2) For the avoidance of doubt, it is declared that
it is the intention of the Parliament that this
Subdivision renders a body corporate of a
15 kind referred to in sub-section (1) liable to
be prosecuted and sentenced for an offence
against a provision of this Subdivision.
(3) For the avoidance of doubt, it is declared that
the Director of Public Prosecutions may, on
20 behalf of the Crown, prosecute a body
corporate of a kind referred to in sub-section
(1) for an offence against a provision of this
Subdivision.
(4) This section does not affect the binding of
25 the Crown by any other provision of this
Act.
13. Corporate manslaughter
A body corporate which by negligence
kills--
30 (a) an employee in the course of his or her
employment by the body corporate; or
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(b) a worker in the course of providing
services to, or relating to, the body
corporate--
is guilty of the indictable offence of
5 corporate manslaughter and liable to a fine
not exceeding 50 000 penalty units.
14. Negligently causing serious injury by a
body corporate
A body corporate which by negligence
10 causes serious injury to--
(a) an employee in the course of his or her
employment by the body corporate; or
(b) a worker in the course of providing
services to, or relating to, the body
15 corporate--
is guilty of an indictable offence and liable to
a fine not exceeding 20 000 penalty units.
14A. Attribution of certain conduct
(1) For the purposes of the definition of "agent"
20 in section 11, the conduct of--
(a) an employee of an agent; or
(b) a senior officer of an agent--
acting within the actual scope of their
employment, or within their actual authority,
25 must be attributed to the agent.
(2) For the purposes of sections 13 and 14, the
conduct of an employee, agent or senior
officer of a body corporate acting within the
actual scope of their employment, or within
30 their actual authority, must be attributed to
the body corporate.
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14B. Negligence
(1) For the purposes of section 13, the conduct
of a body corporate is negligent if it
involves--
5 (a) such a great falling short of the
standard of care that a reasonable body
corporate would exercise in the
circumstances; and
(b) such a high risk of death or really
10 serious injury--
that the conduct merits criminal punishment
for the offence.
(2) For the purposes of section 14, the conduct
of a body corporate is negligent if it
15 involves--
(a) such a great falling short of the
standard of care that a reasonable body
corporate would exercise in the
circumstances; and
20 (b) such a high risk of serious injury--
that the conduct merits criminal punishment
for the offence.
(3) In determining whether a body corporate is
negligent, the relevant duty of care is that
25 owed by the body corporate to the person
killed or seriously injured.
(4) In determining whether a body corporate is
negligent, the conduct of the body corporate
as a whole must be considered.
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(5) For the purposes of sub-section (4)--
(a) subject to paragraph (b), the conduct of
any number of the employees, agents or
senior officers of the body corporate
5 may be aggregated;
(b) regard may be had to the negligence of
any agent in the provision of services
but that negligence must not be
attributed to the body corporate.
10 (6) Without limiting this section, negligence of a
body corporate may be evidenced by the
failure of the body corporate--
(a) adequately to manage, control or
supervise the conduct of one or more of
15 its employees, agents or senior officers;
or
(b) to engage as an agent a person
reasonably capable of providing the
contracted services; or
20 (c) to provide adequate systems for
conveying relevant information to
relevant persons in the body corporate;
or
(d) to take reasonable action to remedy a
25 dangerous situation of which a senior
officer has actual knowledge; or
(e) to take reasonable action to remedy a
dangerous situation identified in a
written notice served on the body
30 corporate by or under an Act.
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14C. Senior officer offences
(1) If it is proved that a body corporate has
committed an offence against section 13
and--
5 (a) a senior officer of the body corporate--
(i) was organisationally responsible
for the conduct, or part of the
conduct, of the body corporate in
relation to the commission of the
10 offence by the body corporate;
and
(ii) in performing or failing to
perform his or her organisational
responsibilities, contributed
15 materially to the commission of
the offence by the body corporate;
and
(iii) knew that, as a consequence of his
or her conduct, there was a
20 substantial risk that the body
corporate would engage in
conduct that involved a high risk
of death or really serious injury to
a person; and
25 (b) having regard to the circumstances
known to the senior officer, it was
unjustifiable to allow the substantial
risk referred to in paragraph (a)(iii) to
exist--
30 the senior officer is guilty of an indictable
offence and liable to level 6 imprisonment
(5 years maximum) or a level 4 fine
(1800 penalty units maximum) or both.
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(2) If it is proved that a body corporate has
committed an offence against section 14
and--
(a) a senior officer of the body corporate--
5 (i) was organisationally responsible
for the conduct, or part of the
conduct, of the body corporate in
relation to the commission of the
offence by the body corporate;
10 and
(ii) in performing or failing to
perform his or her organisational
responsibilities, contributed
materially to the commission of
15 the offence by the body corporate;
and
(iii) knew that, as a consequence of his
or her conduct, there was a
substantial risk that the body
20 corporate would engage in
conduct that involved a high risk
of serious injury to a person; and
(b) having regard to the circumstances
known to the senior officer, it was
25 unjustifiable to allow the substantial
risk referred to in paragraph (a)(iii) to
exist--
the senior officer is guilty of an indictable
offence and liable to level 7 imprisonment
30 (2 years maximum) or a level 5 fine
(1200 penalty units maximum) or both.
(3) For the purposes of sub-sections (1)(a)(i) and
(2)(a)(i), without limiting the matters that
may be considered in determining whether a
35 senior officer of a body corporate is
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organisationally responsible for the conduct,
or part of the conduct, of the body corporate
in relation to the commission of the offence
by the body corporate, consideration may be
5 given to--
(a) the extent to which the senior officer
was in a position to make, or influence
the making of, a decision concerning
the manner in which the conduct, or
10 that part of the conduct, was performed;
and
(b) the participation of the senior officer in
a decision of the board of directors of
the body corporate concerning the
15 manner in which the conduct, or that
part of the conduct, was performed; and
(c) the degree of participation of the senior
officer in the management of the body
corporate.
20 (4) In this section "senior officer" does not
include a senior officer who acts as such
without any fee, gain or reward or the
expectation of any fee, gain or reward.
(5) A senior officer of a body corporate may be
25 prosecuted for an offence against sub-section
(1) or (2), whether or not the body corporate
has been prosecuted for or convicted or
found guilty of an offence against section 13
or 14, as the case may be.
30 (6) To avoid doubt, an offence against sub-
section (1) or (2) is not an offence to which
section 53(1) of the Magistrates' Court Act
1989 applies (indictable offences triable
summarily).
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14D. Court may order offenders to take specified
actions
(1) This section applies if a court finds a body
corporate guilty of an offence against a
5 provision of this Subdivision.
(2) In addition to or instead of any other penalty
the court may impose on the body corporate,
the court may order the body corporate to do
one or more of the following--
10 (a) to take any action specified by the court
to publicise (for example, to advertise
on television or in daily newspapers)--
(i) the offence; and
(ii) any deaths or serious injuries or
15 other consequences arising or
resulting from the offence; and
(iii) any penalties imposed, or other
orders made, as a result of the
commission of the offence;
20 (b) to take any action specified by the court
to notify one or more specified persons
or classes of persons of the matters
referred to in paragraph (a) (for
example, to publish a notice in an
25 annual report or to distribute a notice to
shareholders of the body corporate);
(c) to perform specified acts or establish or
carry out a specified project for the
public benefit (for example, to develop
30 and operate a community service) even
if the project is unrelated to the offence.
(3) In making the order, the court may specify a
period within which the action must be
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taken, the act must be performed or the
project must be established or carried out
and may also impose any other requirement
that it considers necessary or expedient for
5 enforcement of the order or to make the
order effective.
(4) The total cost to the body corporate of
compliance with an order or orders under
sub-section (2) must not exceed--
10 (a) in the case of a body corporate found
guilty of corporate manslaughter,
$5 000 000; and
(b) in the case of a body corporate found
guilty of negligently causing serious
15 injury, $2 000 000.
(5) If the court decides to make an order under
sub-section (2), it must, in determining the
type of order, take into account, as far as
practicable, the financial circumstances of
20 the body corporate and the nature of the
burden that compliance with the order will
impose.
(6) The court is not prevented from making an
order under sub-section (2) only because it
25 has been unable to find out the financial
circumstances of the body corporate.
(7) If a body corporate fails, without reasonable
excuse, to comply with an order under sub-
section (2)(a) or (b) within the specified
30 period, if any, the court may, on application
by the Victorian WorkCover Authority
established under the Accident
Compensation Act 1985, by order authorise
that Authority--
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(a) to do anything that is necessary or
expedient to carry out any action that
remains to be done under the order and
that it is still practicable to do; and
5 (b) to publicise the failure of the body
corporate to comply with the order.
(8) If the court makes an order under sub-section
(7), the Victorian WorkCover Authority
must comply with the order.
10 (9) Nothing in sub-section (7) prevents contempt
of court proceedings from being started or
continued against a body corporate which
has failed to comply with an order under this
section.
15 (10) The Victorian WorkCover Authority may
recover any costs it incurs in complying with
an order under sub-section (7) as a debt due
and payable by the body corporate against
which the order was made.
20 14E. Liability of body corporate for other
offences
Nothing in this Subdivision prevents a body
corporate being prosecuted for manslaughter
or any other offence.
25 14F. Territorial nexus for offences
It is immaterial that some of the conduct
constituting an offence against this
Subdivision occurred outside Victoria, so
long as the death or serious injury occurred
30 in Victoria.'.
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4. Consequential amendments
In section 325 of the Crimes Act 1958--
(a) in sub-section (4), after paragraph (a)
insert--
5 "(ab) if the principal offence is an offence
against section 13, to level 6
imprisonment (5 years maximum); or
(ac) if the principal offence is an offence
against section 14, to level 7
10 imprisonment (2 years maximum); or";
(b) in sub-section (6), after "more" insert "or an
offence against section 13 or 14".
5. New section 595 inserted
At the end of Part 7 of the Crimes Act 1958
15 insert--
"595. Transitional provisions--Crimes
(Workplace Deaths and Serious Injuries)
Act 2001
(1) Sections 13 and 14 as inserted by Part 2 of
20 the Crimes (Workplace Deaths and
Serious Injuries) Act 2001 apply only to
deaths and serious injuries in respect of
which the conduct occurred on or after the
commencement of that Act.
25 (2) Sections 13 and 14 as inserted by Part 2 of
the Crimes (Workplace Deaths and
Serious Injuries) Act 2001 do not apply to
deaths or serious injuries in respect of which
the conduct occurred before the
30 commencement of that Act even if the death
or serious injury occurred on or after that
commencement.".
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PART 3--AMENDMENT OF DANGEROUS GOODS ACT 1985
6. Privilege against self-incrimination
See: In section 20(3) of the Dangerous Goods Act
Act No.
1985, after "No" insert "natural".
10189.
Reprint No. 4
as at
1 December
1999 and
amending
Act Nos
26/2000,
74/2000,
84/2000,
91/2000,
32/2001 and
44/1001.
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5 7. Indictable offences
(1) In section 45 of the Dangerous Goods Act 1985,
after sub-section (2) insert--
"(3) An offence against this Act (not being a
contravention of or failure to comply with a
10 provision of the regulations) is an indictable
offence.
(4) Sub-section (3), inserted by section 7(1) of
the Crimes (Workplace Deaths and
Serious Injuries) Act 2001, effecting a
15 change from summary to indictable in the
nature of an offence against this Act applies
to a proceeding for an offence that is
commenced after the commencement of that
Act, irrespective of when the offence to
20 which the proceeding relates is alleged to
have been committed.".
(2) In section 20(1) of the Dangerous Goods Act
1985, omit "indictable".
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8. Penalties
(1) In section 45 of the Dangerous Goods Act 1985,
for sub-section (2) substitute--
"(2) Any person who is guilty of an offence
5 against this Act for which no penalty is
expressly provided is liable to a penalty of
not more than--
(a) if that person is a body corporate,
800 penalty units if the offence is not
10 an indictable offence, and 6000 penalty
units if the offence is an indictable
offence; or
(b) in any other case, 300 penalty units if
the offence is not an indictable offence,
15 and 1200 penalty units if the offence is
an indictable offence.".
(2) In the Dangerous Goods Act 1985--
(a) in section 20(1), for paragraphs (h) and (i)
substitute--
20 "(h) in the case of a body corporate, to a
penalty of not more than 7500 penalty
units; or
(i) in any other case, to a penalty of not
more than 1500 penalty units or to
25 imprisonment for not more than
12 months or both.";
(b) section 45A is repealed;
(c) in section 45B(1), for "10 penalty units"
substitute "25 penalty units in the case of a
30 body corporate or 5 penalty units in any
other case";
(d) in section 52(6) after "section 45(2)" insert
"for an offence that is not an indictable
offence".
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PART 4--AMENDMENT OF EQUIPMENT (PUBLIC SAFETY)
ACT 1994
9. Privilege against self-incrimination
See:
In section 20 of the Equipment (Public Safety) Act No.
5 Act 1994, after "No" insert "natural". 21/1994.
Reprint No. 2
as at
27 August
1998.
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10. Increased penalties
In the Equipment (Public Safety) Act 1994--
(a) in section 21(3), for paragraphs (a) and (b)
substitute--
10 "(a) if the person is a body corporate, to a
penalty of not more than 7500 penalty
units; or
(b) in any other case, to a penalty of not
more than 1500 penalty units or to
15 imprisonment for not more than
12 months or both.";
(b) in section 23(5), for paragraphs (a) and (b)
substitute--
"(a) if the person is a body corporate, to a
20 penalty of not more than 7500 penalty
units; or
(b) in any other case, to a penalty of not
more than 1500 penalty units or to
imprisonment for not more than
25 12 months or both.";
(c) in section 26(2), after "Act" insert "within
the meaning of sub-section (1)";
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(d) in section 26(2)(a)--
(i) for "400" substitute "800";
(ii) for "2500" substitute "6000";
(e) in section 26(2)(b)--
5 (i) for "100" substitute "300";
(ii) for "500" substitute "1200";
(f) in section 27(1), for "10 penalty units"
substitute "25 penalty units in the case of a
body corporate or 5 penalty units in any
10 other case";
(g) section 32 is repealed.
_______________
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PART 5--AMENDMENT OF OCCUPATIONAL HEALTH AND
SAFETY ACT 1985
11. Privilege against self-incrimination
See:
In section 40(8) of the Occupational Health and Act No.
5 Safety Act 1985, after "No" insert "natural". 10190.
Reprint No. 5
as at
17 November
1998 and
amending
Act Nos
107/1997 and
74/2000.
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gov.au
12. Increased penalties
In the Occupational Health and Safety Act
1985--
(a) in section 42(4), for paragraphs (a) and (b)
10 substitute--
"(a) if the person is a body corporate, to a
penalty of not more than 7500 penalty
units; or
(b) in any other case, to a penalty of not
15 more than 1500 penalty units or to
imprisonment for not more than
12 months or both.";
(b) in section 44(3), for paragraphs (c) and (d)
substitute--
20 "(c) if the person is a body corporate, to a
penalty of not more than 7500 penalty
units; or
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s. 13
Act No.
(d) in any other case, to a penalty of not
more than 1500 penalty units or to
imprisonment for not more than
12 months or both.";
5 (c) in section 47(2), after "Act" insert "within
the meaning of sub-section (1)";
(d) in section 47(2)(a)--
(i) for "400" substitute "800";
(ii) for "2500" substitute "6000";
10 (e) in section 47(2)(b)--
(i) for "100" substitute "300";
(ii) for "500" substitute "1200";
(f) in section 47A(1), for "10 penalty units"
substitute "25 penalty units in the case of a
15 body corporate or 5 penalty units in any
other case";
(g) section 53 is repealed;
(h) in section 54(3), for paragraphs (a) and (b)
substitute--
20 "(a) if the person is a body corporate, to a
penalty of not more than 7500 penalty
units; or
(b) in any other case, to a penalty of not
more than 1500 penalty units or to
25 imprisonment for not more than
12 months or both.".
13. Duties of employers
In section 21 of the Occupational Health and
Safety Act 1985, after sub-section (3) insert--
30 "(3A) A person who is guilty of an offence against
sub-section (1) is liable--
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Crimes (Workplace Deaths and Serious Injuries) Act 2001
s. 14
Act No.
(a) if the person is a body corporate, to a
penalty of not more than 6000 penalty
units; or
(b) in any other case, to a penalty of not
5 more than 1200 penalty units or to
imprisonment for not more than
12 months or both.".
14. Discrimination against employees etc.
(1) In section 54(1) and (2) of the Occupational
10 Health and Safety Act 1985, omit "only".
(2) In section 54 of the Occupational Health and
Safety Act 1985, after sub-section (2) insert--
"(2A) In sub-sections (1) and (2), it is irrelevant
whether or not a reason is the only or
15 dominant reason as long as it is a substantial
reason.".
(3) In section 54 of the Occupational Health and
Safety Act 1985, after sub-section (5) insert--
"(6) The amendments of this section made by
20 section 14 of the Crimes (Workplace
Deaths and Serious Injuries) Act 2001
apply to offences committed after the
commencement of that Act.".
_______________
25
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s. 15
Act No.
PART 6--AMENDMENT OF MAGISTRATES' COURT ACT
1989
15. Indictable offences triable summarily--penalties
See:
In Schedule 4 to the Magistrates' Court Act
Act No.
5 1989, for clauses 52A, 53 and 53A substitute--
51/1989.
Reprint No. 7
as at "52A. Equipment (Public Safety) Act 1994
1 June 2001
Indictable offences under the Equipment (Public
and
amending Safety) Act 1994 but subject to the following
Act Nos
penalties which may be imposed by the Court--
53/2000,
92/2000,
10 (a) in the case of indictable offences under section
98/2000,
21 or 23 of that Act--
99/2000 (as
amended by
(i) in the case of a body corporate, a penalty
Act No.
of not more than 2000 penalty units; or
12/2001),
2/2001,
(ii) in any other case, a penalty of not more
14/2001,
15 than 600 penalty units or imprisonment
32/2001,
44/2001, for a period not exceeding 12 months or
45/2001, both;
61/2001 and
69/2001. (b) in the case of any other indictable offences
LawToday:
under that Act (including indictable offences in
www.dms.
20 regulations made under that Act)--
dpc.vic.
gov.au
(i) in the case of a body corporate, a penalty
of not more than 2000 penalty units; or
(ii) in any other case, a penalty of not more
than 600 penalty units.
25 53. Occupational Health and Safety Act 1985
Indictable offences under the Occupational Health
and Safety Act 1985 but subject to the following
penalties which may be imposed by the Court--
(a) in the case of indictable offences under section
30 21(1), 42, 44 or 54 of that Act--
(i) in the case of a body corporate, a penalty
of not more than 2000 penalty units; or
(ii) in any other case, a penalty of not more
than 600 penalty units or imprisonment
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Crimes (Workplace Deaths and Serious Injuries) Act 2001
s. 15
Act No.
for a period not exceeding 12 months or
both;
(b) in the case of any other indictable offences
under that Act (including indictable offences in
5 regulations made under that Act)--
(i) in the case of a body corporate, a penalty
of not more than 2000 penalty units; or
(ii) in any other case, a penalty of not more
than 600 penalty units.
10 53A. Dangerous Goods Act 1985
Indictable offences under the Dangerous Goods
Act 1985 but subject to the following penalties
which may be imposed by the Court--
(a) in the case of indictable offences under section
15 20(1) of that Act--
(i) in the case of a body corporate, a penalty
of not more than 2000 penalty units; or
(ii) in any other case, a penalty of not more
than 600 penalty units or imprisonment
20 for a period not exceeding 12 months or
both;
(b) in the case of any other indictable offences
under that Act--
(i) in the case of a body corporate, a penalty
25 of not more than 2000 penalty units; or
(ii) in any other case, a penalty of not more
than 600 penalty units.".
_______________
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Crimes (Workplace Deaths and Serious Injuries) Act 2001
s. 16
Act No.
PART 7--AMENDMENT OF ACCIDENT COMPENSATION
ACT 1985
16. Dismissal of worker
See: (1) In section 242(2) of the Accident Compensation
Act No.
5 Act 1985, for "by reason only that" substitute
10191.
Reprint No. 11 "because".
as at
1 June 2001
(2) In section 242 of the Accident Compensation
and
Act 1985, after sub-section (3) insert--
amending
Act Nos
"(3A) In sub-sections (2) and (3), it is irrelevant
50/1994,
60/1996 (as
10 whether or not a reason for dismissal is the
amended by
only or dominant reason as long as it is a
Act No.
81/1998),
substantial reason.".
107/1997,
27/2001 and
(3) In section 242 of the Accident Compensation
35/2001.
Act 1985, after sub-section (8) insert--
LawToday:
www.dms.
15 dpc.vic. "(9) The amendments of this section made by
gov.au
section 16 of the Crimes (Workplace
Deaths and Serious Injuries) Act 2001
apply to offences committed after the
commencement of that Act.".
20 17. Dissemination of information
In section 243(2)(c) of the Accident
Compensation Act 1985, after sub-paragraph (ib)
insert--
"(ii) the Chief Commissioner of Police;".
25
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Crimes (Workplace Deaths and Serious Injuries) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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