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CRIMES (WORKPLACE DEATHS AND SERIOUS INJURIES) BILL 2001

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 i 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

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 ii 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

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-- 1 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 2 Act No. (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 _______________ 2 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 3 Act No. 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; 3 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 3 Act No. "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 4 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 3 Act No. 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. 5 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 3 Act No. (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 6 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 3 Act No. (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. 7 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 3 Act No. 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. 8 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 3 Act No. (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. 9 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 3 Act No. 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. 10 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 3 Act No. (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 11 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 3 Act No. 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). 12 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 3 Act No. 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 13 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 3 Act No. 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-- 14 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 3 Act No. (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.'. 15 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 4 Act No. 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.". 16 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 Act No. _______________ 17 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 6 Act No. 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. LawToday: www.dms. dpc.vic. gov.au 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". 18 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 8 Act No. 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". 19 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 Act No. _______________ 20 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 9 Act No. 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. LawToday: www.dms. dpc.vic. gov.au 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)"; 21 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 10 Act No. (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. _______________ 22 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 s. 11 Act No. 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. LawToday: www.dms. dpc.vic. 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 23 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 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-- 24 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

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 25 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 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 26 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

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.". _______________ 27 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

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 28 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001

 


 

Crimes (Workplace Deaths and Serious Injuries) Act 2001 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 29 541062B.I1-23/11/2001 BILL LA CIRCULATION 23/11/2001