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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 the Crown and bodies corporate
that represent the Crown 9
13. Corporate manslaughter 11
14. Negligently causing serious injury by a body corporate 11
14A. Attribution of certain conduct 12
14B. Negligence 13
14C. Senior officer offences 15
14D. Court may order offenders to take specified actions 18
14E. Liability of body corporate for other offences 21
14F. Territorial nexus for offences 21
4. Consequential amendments 21
5. New section 595 inserted 22
595. Transitional provisions--Crimes (Workplace
Deaths and Serious Injuries) Act 2001 22
6. New Schedule 2 inserted 22
PART 3--AMENDMENT OF DANGEROUS GOODS ACT 1985 26
7. Privilege against self-incrimination 26
8. Indictable offences 26
9. Penalties 27
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Clause Page
PART 4--AMENDMENT OF EQUIPMENT (PUBLIC
SAFETY) ACT 1994 29
10. Privilege against self-incrimination 29
11. Increased penalties 29
PART 5--AMENDMENT OF OCCUPATIONAL HEALTH
AND SAFETY ACT 1985 32
12. Privilege against self-incrimination 32
13. Increased penalties 32
14. Duties of employers 34
15. Discrimination against employees etc. 35
PART 6--AMENDMENT OF MAGISTRATES' COURT
ACT 1989 36
16. Indictable offences triable summarily--penalties 36
52A. Equipment (Public Safety) Act 1994 36
53. Occupational Health and Safety Act 1985 36
53A. Dangerous Goods Act 1985 37
PART 7--AMENDMENT OF ACCIDENT COMPENSATION
ACT 1985 38
17. Dismissal of worker 38
18. Dissemination of information 38
ENDNOTES 39
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PARLIAMENT OF VICTORIA
Initiated in Assembly 21 November 2001
As amended by Assembly 15 May 2002
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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PART 1--PRELIMINARY
s. 2
(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.
__________________
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Crimes (Workplace Deaths and Serious Injuries) Act 2001
Act No.
PART 2--AMENDMENT OF CRIMES ACT 1958
s. 3
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.
Reprint No. 15
as at
'(3) Corporate liability for death or 1 September
serious injury 1999 and
amending
Act Nos
5 11. Definitions 26/1999,
53/2000,
(1) In this Subdivision-- 67/2000,
74/2000,
"agent" means-- 86/2000,
92/2000,
45/2001,
(a) a person (including an
58/2001,
independent contractor) engaged 61/2001 and
10 69/2001.
by the body corporate to provide
LawToday:
services to the body corporate in www.dms.
dpc.vic.
relation to matters over which the
gov.au
body corporate--
(i) has control; or
15 (ii) would have had control but
for any agreement between
the body corporate and the
agent to the contrary; or
(b) a person (including an
20 independent contractor) engaged
by another agent of the body
corporate, or an agent of an agent,
to provide services relating to the
body corporate to that other agent
25 in relation to matters over which
that other agent--
(i) has control; or
(ii) would have had control but
for any agreement between
30 the agents to the contrary;
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"conduct" includes an omission to act;
"employee" does not include an
independent contractor;
"industry" includes--
5 (a) any trade, manufacture, business,
project or occupation in which
persons work; or
(b) part of an industry or a number of
industries;
10 "outworker" means a person engaged, for
someone else's industry, in or about a
private residence or other premises that
are not necessarily business or
commercial premises--
15 (a) to pack, process or work on
articles or material; or
(b) to carry out clerical work;
"senior officer"--
(a) in relation to the Crown
20 (excluding bodies corporate that
represent the Crown), means any
one or more of the following who
has responsibility in relation to the
functions or activities of an
25 unincorporated body (other than a
body deemed to be a body
corporate) that is established by or
under an Act and represents the
Crown--
30 (i) a Minister of the Crown;
(ii) an Agency Head within the
meaning of the Public
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Sector Management and
Employment Act 1998;
(iii) the holder of an office
specified in section 16(1) of
5 the Public Sector
Management and
Employment Act 1998;
(iv) a chief executive officer, by
whatever name called;
10 (v) a person who makes, or
participates in making,
decisions that affect the
whole, or a substantial part,
of those functions or
15 activities of the Crown;
(b) in relation to a body corporate that
represents the Crown, means any
one or more of the following who
has responsibility in relation to the
20 functions or activities of the body
corporate--
(i) a Minister of the Crown;
(ii) an Agency Head within the
meaning of the Public
25 Sector Management and
Employment Act 1998;
(iii) the holder of an office
specified in section 16(1) of
the Public Sector
30 Management and
Employment Act 1998;
(iv) the holder of an office
specified in section 6(1) of
the Parliamentary Officers
35 Act 1975;
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(v) a chief executive officer, by
whatever name called;
(vi) a person who makes, or
participates in making,
5 decisions that affect the
whole, or a substantial part,
of the functions or activities
of the body corporate;
(c) in any other case, has the same
10 meaning as "officer" has, in
relation to a corporation, in
section 9 of the Corporations Act;
"serious injury" means injury within the
meaning of section 15 (including the
15 cumulative effect of more than one
injury) that--
(a) endangers, or is likely to
endanger, a person's life; or
(b) is, or is likely to be, significant
20 and longstanding;
"worker" means--
(a) a senior officer of a body
corporate, who is not an employee
of the body corporate; or
25 (b) a person (including an
independent contractor) engaged
by an employer to provide
services to the employer; or
(c) a person (including an
30 independent contractor) engaged
by another person on behalf of an
employer to provide services
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relating to the employer to that
other person; or
(d) an employee or senior officer of
the person first mentioned in
5 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
under an Act of this or any other
10 State or a Territory or of the
Commonwealth; or
(f) an employee of the Crown in right
of Victoria or the Crown in any
other capacity; or
15 (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
course of his or her employment if the death
20 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.
(3) The death of a worker or a serious injury to a
25 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
83(1) of the Accident Compensation Act
30 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 (5) For the purposes of this Subdivision--
(a) a body described or specified in
column 1 of the Table in Schedule 2 is
deemed to be a body corporate that
represents the Crown; and
10 (b) a person described or specified in
column 2 of the Table in Schedule 2 in
relation to a body corporate described
or specified in column 1 is deemed to
be an employee of that body corporate;
15 and
(c) if a person is employed by a body
corporate described or specified in
column 1 of the Table in Schedule 2 but
works for another body corporate that
20 represents the Crown, the person is
deemed, despite paragraph (b), to be an
employee only of the second-mentioned
body corporate while working for that
body corporate; and
25 (d) the Crown and every body corporate
that represents the Crown is an
employer; and
(e) if an unincorporated body (other than a
body deemed to be a body corporate) is
30 established by or under an Act and
represents the Crown, members of the
body and persons who are appointed or
employed to work for the body are
deemed, despite paragraph (b), to be
35 employees only of the Crown.
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12. Subdivision to bind the Crown and bodies
corporate that represent the Crown
(1) This Subdivision binds the Crown.
(2) For the avoidance of doubt, the Crown is a
5 body corporate for the purposes of this
Subdivision and is liable to be prosecuted
and sentenced for an offence against a
provision of this Subdivision.
(3) Subject to sub-section (4), this Subdivision
10 binds any body corporate that represents the
Crown if the body corporate is established by
or under an Act or is deemed or declared to
be a body corporate by or under this or any
other Act.
15 (4) If a person described or specified in
column 2 of the Table in Schedule 2 is or is
deemed or declared to be a body corporate
by or under this or any other Act--
(a) the conduct of the body corporate is
20 deemed to be conduct of the body
corporate described or specified in
column 1 of that Table in relation to
that person; and
(b) employees and agents of the body
25 corporate are deemed to be employees
and agents of the body corporate
described or specified in column 1 of
that Table in relation to that person; and
(c) senior officers of the body corporate are
30 deemed to be senior officers of the
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body corporate described or specified
in column 1 of that Table in relation to
that person; and
(d) the body corporate described or
5 specified in column 1 of that Table in
relation to that person is liable to be
prosecuted and sentenced for an
offence against a provision of this
Subdivision instead of that person.
10 (5) 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
kind referred to in sub-section (3) liable to be
prosecuted and sentenced for an offence
15 against a provision of this Subdivision.
(6) Nothing in this section renders the Crown
liable to be prosecuted and sentenced for an
offence against a provision of this
Subdivision where the offence is committed
20 by a body corporate that represents the
Crown.
(7) If under the Public Sector Management
and Employment Act 1998 the name of a
Department or Administrative Office is
25 changed, any liability for an offence against
section 13 or 14 must, from the date when
the name is changed, be construed as a
liability of the Department or Administrative
Office in its new name.
30 (8) If under the Public Sector Management
and Employment Act 1998 a Department or
Administrative Office is abolished on or
after the date on which an alleged offence
against a provision of this Subdivision is
35 committed, the Department or
Administrative Office is deemed to continue
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to exist for the purposes of prosecution and
sentencing.
(9) For the avoidance of doubt, it is declared that
the Director of Public Prosecutions may, on
5 behalf of the Crown, prosecute the Crown or
a body corporate of a kind referred to in sub-
section (3) for an offence against a provision
of this Subdivision.
(10) This section does not affect the binding of
10 the Crown by any other provision of this
Act.
13. Corporate manslaughter
A body corporate which by negligence
kills--
15 (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
corporate--
20 is guilty of the indictable offence of
corporate manslaughter and liable to a fine
not exceeding 50 000 penalty units.
14. Negligently causing serious injury by a
body corporate
25 A body corporate which by negligence
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
30 services to, or relating to, the body
corporate--
is guilty of an indictable offence and liable to
a fine not exceeding 20 000 penalty units.
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14A. Attribution of certain conduct
(1) For the purposes of the definition of "agent"
in section 11, the conduct of--
(a) an employee of an agent; or
5 (b) a senior officer of an agent--
acting within the actual scope of their
employment, or within their actual authority,
must be attributed to the agent.
(2) For the purposes of sections 13 and 14--
10 (a) the conduct of employees, agents and
senior officers of a body corporate
acting within the actual scope of their
employment, other than in the course of
judicial or quasi-judicial duties, or
15 within their actual authority, must be
attributed to the body corporate,
including a body corporate that
represents the Crown; and
(b) the conduct of--
20 (i) agents and members of, and
persons who are appointed or
employed to work for, an
unincorporated body (other than a
body deemed to be a body
25 corporate) that is established by or
under an Act and represents the
Crown; or
(ii) senior officers of the Crown--
acting within the actual scope of their
30 employment, or within their actual
authority, must be attributed to the
Crown.
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(3) Only the conduct referred to in sub-
section (2)(b) may be attributed to the
Crown.
14B. Negligence
5 (1) For the purposes of section 13, the conduct
of a body corporate is negligent if it
involves--
(a) such a great falling short of the
standard of care that a reasonable body
10 corporate would exercise in the
circumstances; and
(b) such a high risk of death or really
serious injury--
that the conduct merits criminal punishment
15 for the offence.
(2) For the purposes of section 14, the conduct
of a body corporate is negligent if it
involves--
(a) such a great falling short of the
20 standard of care that a reasonable body
corporate would exercise in the
circumstances; and
(b) such a high risk of serious injury--
that the conduct merits criminal punishment
25 for the offence.
(3) In determining whether a body corporate is
negligent, the relevant duty of care is that
owed by the body corporate to the person
killed or seriously injured.
30 (4) In determining whether a body corporate is
negligent, the conduct of the body corporate
as a whole must be considered.
(5) For the purposes of sub-section (4)--
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(a) subject to paragraph (b), the conduct of
any number of the employees, agents or
senior officers of the body corporate (a)
may be aggregated;
5 (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.
(6) Without limiting this section, negligence of a
10 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
its employees, agents or senior officers;
15 or
(b) to engage as an agent a person
reasonably capable of providing the
contracted services; or
(c) to provide adequate systems for
20 conveying relevant information to
relevant persons in the body corporate;
or
(d) to take reasonable action to remedy a
dangerous situation of which a senior
25 officer has actual knowledge; or
(e) to take reasonable action to remedy a
dangerous situation identified in a
written notice served on the body
corporate by or under an Act.
30 (7) For the purposes of sections 13 and 14, if the
conduct of a body corporate complies with
the Occupational Health and Safety Act
1985, regulations made under that Act and
any relevant code of practice approved under
35 that Act, it must be presumed, in the absence
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of evidence to the contrary, that the conduct
of the body corporate is not negligent.
14C. Senior officer offences
(1) If it is proved that a body corporate has
5 committed an offence against section 13
and--
(a) a senior officer of the body corporate--
(i) was organisationally responsible
for the conduct, or part of the
10 conduct, of the body corporate in
relation to the commission of the
offence by the body corporate;
and
(ii) in performing or failing to
15 perform his or her organisational
responsibilities, contributed
substantially to the commission of
the offence by the body corporate;
and
20 (iii) knew that, as a consequence of his
or her conduct, there was a
substantial risk that the body
corporate would engage in
conduct that involved a high risk
25 of death or really serious injury to
a person; and
(b) having regard to the circumstances
known to the senior officer, it was
unjustifiable to allow the substantial
30 risk referred to in paragraph (a)(iii) to
exist--
the senior officer is guilty of an indictable
offence and liable to level 6 imprisonment
(5 years maximum) or a level 4 fine
35 (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
substantially 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
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may be considered in determining whether a
senior officer of a body corporate is
organisationally responsible for the conduct,
or part of the conduct, of the body corporate
5 in relation to the commission of the offence
by the body corporate, consideration may be
given to--
(a) the extent to which the senior officer
was in a position to make, or influence
10 the making of, a decision concerning
the manner in which the conduct, or
that part of the conduct, was performed;
and
(b) the participation of the senior officer in
15 a decision of the board of directors of
the body corporate concerning the
manner in which the conduct, or that
part of the conduct, was performed; and
(c) the degree of participation of the senior
20 officer in the management of the body
corporate.
(4) In this section "senior officer" does not
include a senior officer who acts as such
without any fee, gain or reward or the
25 expectation of any fee, gain or reward.
(5) A senior officer of a body corporate may be
prosecuted for an offence against sub-section
(1) or (2), whether or not the body corporate
has been prosecuted for or convicted or
30 found guilty of an offence against section 13
or 14, as the case may be.
(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
35 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) The court must impose on a body corporate a
fine proportional to the size of the body
corporate, taking into account--
(a) the number of employees of the body
10 corporate and the entities, within the
meaning of the Corporations Act, it
controls; and
(b) the number of persons, including
independent contractors and
15 outworkers, providing services to, or
relating to, the body corporate and the
entities it controls; and
(c) if appropriate, the consolidated gross
operating revenue for the last preceding
20 financial year of the body corporate and
the entities it controls; and
(d) if appropriate, the value of the
consolidated gross assets at the end of
the last preceding financial year of the
25 body corporate and the entities it
controls.
(3) Sub-section (2) is in addition to, and not in
derogation of, Division 4 of Part 3 of the
Sentencing Act 1991.
30 (4) 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--
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(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
5 (ii) any deaths or serious injuries or
other consequences arising or
resulting from the offence; and
(iii) any penalties imposed, or other
orders made, as a result of the
10 commission of the offence;
(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
15 example, to publish a notice in an
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
20 public benefit (for example, to develop
and operate a community service) even
if the project is unrelated to the offence.
(5) In making the order, the court may specify a
period within which the action must be
25 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
enforcement of the order or to make the
30 order effective.
(6) The total cost to the body corporate of
compliance with an order or orders under
sub-section (4) must not exceed--
(a) in the case of a body corporate found
35 guilty of corporate manslaughter,
$5 000 000; and
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(b) in the case of a body corporate found
guilty of negligently causing serious
injury, $2 000 000.
(7) If the court decides to make an order under
5 sub-section (4), it must, in determining the
type of order, take into account, as far as
practicable, the financial circumstances of
the body corporate and the nature of the
burden that compliance with the order will
10 impose.
(8) The court is not prevented from making an
order under sub-section (4) only because it
has been unable to find out the financial
circumstances of the body corporate.
15 (9) If a body corporate fails, without reasonable
excuse, to comply with an order under sub-
section (4)(a) or (b) within the specified
period, if any, the court may, on application
by the Victorian WorkCover Authority
20 established under the Accident
Compensation Act 1985, by order authorise
that Authority--
(a) to do anything that is necessary or
expedient to carry out any action that
25 remains to be done under the order and
that it is still practicable to do; and
(b) to publicise the failure of the body
corporate to comply with the order.
(10) If the court makes an order under sub-section
30 (9), the Victorian WorkCover Authority
must comply with the order.
(11) Nothing in sub-section (9) prevents contempt
of court proceedings from being started or
continued against a body corporate which
35 has failed to comply with an order under this
section.
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PART 2--AMENDMENT OF CRIMES ACT 1958
s. 4
(12) The Victorian WorkCover Authority may
recover any costs it incurs in complying with
an order under sub-section (9) as a debt due
and payable by the body corporate against
5 which the order was made.
14E. Liability of body corporate for other
offences
Nothing in this Subdivision prevents a body
corporate being prosecuted for manslaughter
10 or any other offence.
14F. Territorial nexus for offences
(1) It is immaterial that some of the conduct
constituting an offence against this
Subdivision occurred outside Victoria, so
15 long as the death or serious injury occurred
in Victoria.
(2) If all of the conduct that constitutes an
offence against section 13, other than the
death, occurred in Victoria, it is immaterial
20 that the death occurred outside Victoria.'.
4. Consequential amendments
(1) In section 325 of the Crimes Act 1958--
(a) in sub-section (4), after paragraph (a)
insert--
25 "(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
30 imprisonment (2 years maximum); or";
(b) in sub-section (6), after "more" insert "or an
offence against section 13 or 14".
(2) In section 336(2) of the Crimes Act 1958, for "or
an offence specified in section 4, 11 or 14 of this
21
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Crimes (Workplace Deaths and Serious Injuries) Act 2001
Act No.
PART 2--AMENDMENT OF CRIMES ACT 1958
s. 6
Act" substitute ", conspiracy to commit murder,
incitement to commit murder or attempting to
commit murder".
5. New section 595 inserted
5 At the end of Part 7 of the Crimes Act 1958
insert--
"595. Transitional provisions--Crimes
(Workplace Deaths and Serious Injuries)
Act 2001
10 (1) Sections 13 and 14 as inserted by Part 2 of
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
15 commencement of that Act.
(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
20 the conduct occurred before the
commencement of that Act even if the death
or serious injury occurred on or after that
commencement.".
6. New Schedule 2 inserted
25 After the First Schedule to the Crimes Act 1958
insert--
"SCHEDULE 2
Section 11(5)
CORPORATE LIABILITY FOR DEATH OR
SERIOUS INJURY--PUBLIC SECTOR
TABLE
Column 1 Column 2
22
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Act No.
PART 2--AMENDMENT OF CRIMES ACT 1958
s. 6
An Agency within the The Agency Head
meaning of the Public
Persons employed by the
Sector Management and
Agency Head under Part 3
Employment Act 1998
or 9 of the Public Sector
(except the Department of
Management and
Education and Training)
Employment Act 1998
An office specified in The office holder specified
section 16(1) of the Public in relation to employees in
the office
Sector Management and
Employment Act 1998
Persons employed in the
(except the office of the
office specified in section
Chief Commissioner of
16(1) of the Public Sector
Police)
Management and
Employment Act 1998
Column 1 Column 2
Department of Education The Secretary to the
and Training Department
Persons employed by the
Secretary to the
Department under Part 3
or 9 of the Public Sector
Management and
Employment Act 1998
Persons employed under
section 3 of the Teaching
Service Act 1981
Persons employed under
section 5(1) of the
Education Act 1958
Victoria Police Persons employed in the
office of the Chief
Commissioner of Police
Members of the police
force of Victoria appointed
under section 4 or 8 of the
Police Regulation Act
1958
Police recruits appointed
under section 8A of the
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Act No.
PART 2--AMENDMENT OF CRIMES ACT 1958
s. 6
Police Regulation Act
1958
Police reservists appointed
under Part VI of the Police
Regulation Act 1958
Protective services officers
appointed under Part VIA
of the Police Regulation
Act 1958
Column 1 Column 2
Parliament of Victoria Members of the
Legislative Assembly
Members of the
Legislative Council
Department heads
specified in section 6(1) of
the Parliamentary
Officers Act 1975
Persons employed in a
department specified in
section 6(1) of the
Parliamentary Officers
Act 1975 under Part 2 of
that Act
Ministerial officers and
Parliamentary advisers
employed under Part 8 of
the Public Sector
Management and
Employment Act 1998
Supreme Court The Chief Justice, Judges
of Appeal and Judges of
the Supreme Court
Officers appointed under
Division 1 of Part 7 of the
24
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Crimes (Workplace Deaths and Serious Injuries) Act 2001
Act No.
PART 2--AMENDMENT OF CRIMES ACT 1958
s. 6
Supreme Court Act 1986
or any corresponding
previous enactment
County Court The Chief Judge and
Judges of the County
Court
Masters of the County
Court
Officers of the County
Court appointed under
Division 4 or 5 of Part I of
the County Court Act
1958
Column 1 Column 2
Magistrates' Court The magistrates, principal
registrar, registrars and
deputy registrars of the
Magistrates' Court
Children's Court The President, magistrates,
principal registrar,
registrars and deputy
registrars of the Children's
Court
Victorian Civil and The President, Vice
Administrative Tribunal Presidents, Deputy
Presidents, senior
members and ordinary
members of the Victorian
Civil and Administrative
Tribunal
The principal registrar,
chief executive officer,
registrars and other staff of
the Victorian Civil and
Administrative Tribunal
__________________
25
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Crimes (Workplace Deaths and Serious Injuries) Act 2001
Act No.
PART 3--AMENDMENT OF DANGEROUS GOODS ACT 1985
s. 7
PART 3--AMENDMENT OF DANGEROUS GOODS ACT 1985
7. 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
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
5 8. 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 8(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.
26
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PART 3--AMENDMENT OF DANGEROUS GOODS ACT 1985
s. 9
(5) If a court finds a body corporate guilty of an
offence against this Act, the court must
impose a penalty proportional to the size of
the body corporate, taking into account--
5 (a) the number of employees of the body
corporate and the entities, within the
meaning of the Corporations Act, it
controls; and
(b) the number of persons, including
10 independent contractors and
outworkers, providing services to, or
relating to, the body corporate and the
entities it controls; and
(c) if appropriate, the consolidated gross
15 operating revenue for the last preceding
financial year of the body corporate and
the entities it controls; and
(d) if appropriate, the value of the
consolidated gross assets at the end of
20 the last preceding financial year of the
body corporate and the entities it
controls.
(6) Sub-section (5) is in addition to, and not in
derogation of, Division 4 of Part 3 of the
25 Sentencing Act 1991.".
(2) In section 20(1) of the Dangerous Goods Act
1985, omit "indictable".
9. Penalties
(1) In section 45 of the Dangerous Goods Act 1985,
30 for sub-section (2) substitute--
"(2) Any person who is guilty of an offence
against this Act for which no penalty is
expressly provided is liable to a penalty of
not more than--
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s. 9
(a) if that person is a body corporate,
800 penalty units if the offence is not
an indictable offence, and 6000 penalty
units if the offence is an indictable
5 offence; or
(b) in any other case, 300 penalty units if
the offence is not an indictable offence,
and 1200 penalty units if the offence is
an indictable offence.".
10 (2) In the Dangerous Goods Act 1985--
(a) in section 20(1), for paragraphs (h) and (i)
substitute--
"(h) in the case of a body corporate, to a
penalty of not more than 7500 penalty
15 units; or
(i) 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.";
20 (b) section 45A is repealed;
(c) in section 45B(1), for "10 penalty units"
substitute "25 penalty units in the case of a
body corporate or 5 penalty units in any
other case";
25 (d) in section 52(6) after "section 45(2)" insert
"for an offence that is not an indictable
offence".
_______________
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Crimes (Workplace Deaths and Serious Injuries) Act 2001
Act No.
PART 4--AMENDMENT OF EQUIPMENT (PUBLIC SAFETY) ACT
s. 10
1994
PART 4--AMENDMENT OF EQUIPMENT (PUBLIC SAFETY)
ACT 1994
10. 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
11. Increased penalties
(1) 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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Crimes (Workplace Deaths and Serious Injuries) Act 2001
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PART 4--AMENDMENT OF EQUIPMENT (PUBLIC SAFETY) ACT
s. 11
1994
(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.
(2) In section 26 of the Equipment (Public Safety)
Act 1994, after sub-section (3) insert--
"(4) If a court finds a body corporate guilty of an
15 offence against this Act, the court must
impose a penalty proportional to the size of
the body corporate, taking into account--
(a) the number of employees of the body
corporate and the entities, within the
20 meaning of the Corporations Act, it
controls; and
(b) the number of persons, including
independent contractors and
outworkers, providing services to, or
25 relating to, the body corporate and the
entities it controls; and
(c) if appropriate, the consolidated gross
operating revenue for the last preceding
financial year of the body corporate and
30 the entities it controls; and
(d) if appropriate, the value of the
consolidated gross assets at the end of
the last preceding financial year of the
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PART 4--AMENDMENT OF EQUIPMENT (PUBLIC SAFETY) ACT
s. 11
1994
body corporate and the entities it
controls.
(5) Sub-section (4) is in addition to, and
not in derogation of, Division 4 of
5 Part 3 of the Sentencing Act 1991.".
_______________
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Crimes (Workplace Deaths and Serious Injuries) Act 2001
Act No.
PART 5--AMENDMENT OF OCCUPATIONAL HEALTH AND SAFETY
s. 12
ACT 1985
PART 5--AMENDMENT OF OCCUPATIONAL HEALTH AND
SAFETY ACT 1985
12. 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
13. Increased penalties
(1) 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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PART 5--AMENDMENT OF OCCUPATIONAL HEALTH AND SAFETY
s. 13
ACT 1985
(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.".
(2) In section 47 of the Occupational Health and
Safety Act 1985, after sub-section (3) insert--
"(4) If a court finds a body corporate guilty of an
30 offence against this Act, the court must
impose a penalty proportional to the size of
the body corporate, taking into account--
33
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PART 5--AMENDMENT OF OCCUPATIONAL HEALTH AND SAFETY
s. 14
ACT 1985
(a) the number of employees of the body
corporate and the entities, within the
meaning of the Corporations Act, it
controls; and
5 (b) the number of persons, including
independent contractors and
outworkers, providing services to, or
relating to, the body corporate and the
entities it controls; and
10 (c) if appropriate, the consolidated gross
operating revenue for the last preceding
financial year of the body corporate and
the entities it controls; and
(d) if appropriate, the value of the
15 consolidated gross assets at the end of
the last preceding financial year of the
body corporate and the entities it
controls.
(5) Sub-section (4) is in addition to, and not in
20 derogation of, Division 4 of Part 3 of the
Sentencing Act 1991.".
14. Duties of employers
In section 21 of the Occupational Health and
Safety Act 1985, after sub-section (3) insert--
25 "(3A) A person who is guilty of an offence against
sub-section (1) is liable--
(a) if the person is a body corporate, to a
penalty of not more than 6000 penalty
units; or
30 (b) in any other case, to a penalty of not
more than 1200 penalty units or to
imprisonment for not more than
12 months or both.".
34
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Crimes (Workplace Deaths and Serious Injuries) Act 2001
Act No.
PART 5--AMENDMENT OF OCCUPATIONAL HEALTH AND SAFETY
s. 15
ACT 1985
15. Discrimination against employees etc.
(1) In section 54(1) and (2) of the Occupational
Health and Safety Act 1985, omit "only".
(2) In section 54 of the Occupational Health and
5 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
dominant reason as long as it is a substantial
reason.".
10 (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
section 15 of the Crimes (Workplace
Deaths and Serious Injuries) Act 2001
15 apply to offences committed after the
commencement of that Act.".
_______________
35
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Crimes (Workplace Deaths and Serious Injuries) Act 2001
Act No.
PART 6--AMENDMENT OF MAGISTRATES' COURT ACT 1989
s. 16
PART 6--AMENDMENT OF MAGISTRATES' COURT ACT
1989
16. 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
98/2000,
section 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
30 section 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
35 for a period not exceeding 12 months or
both;
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Crimes (Workplace Deaths and Serious Injuries) Act 2001
Act No.
PART 6--AMENDMENT OF MAGISTRATES' COURT ACT 1989
s. 16
(b) in the case of any other indictable offences
under that Act (including indictable offences in
regulations made under that Act)--
(i) in the case of a body corporate, a penalty
5 of not more than 2000 penalty units; or
(ii) in any other case, a penalty of not more
than 600 penalty units.
53A. Dangerous Goods Act 1985
Indictable offences under the Dangerous Goods Act 1985
10 but subject to the following penalties which may be
imposed by the Court--
(a) in the case of indictable offences under
section 20(1) of that Act--
(i) in the case of a body corporate, a penalty
15 of not more than 2000 penalty units; or
(ii) in any other case, a penalty of not more
than 600 penalty units or imprisonment
for a period not exceeding 12 months or
both;
20 (b) in the case of any other indictable offences
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
25 than 600 penalty units.".
_______________
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Crimes (Workplace Deaths and Serious Injuries) Act 2001
Act No.
PART 7--AMENDMENT OF ACCIDENT COMPENSATION ACT 1985
s. 17
PART 7--AMENDMENT OF ACCIDENT COMPENSATION
ACT 1985
17. 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.
LawToday: Act 1985, after sub-section (8) insert--
www.dms.
dpc.vic.
15 "(9) The amendments of this section made by
gov.au
section 17 of the Crimes (Workplace
Deaths and Serious Injuries) Act 2001
apply to offences committed after the
commencement of that Act.".
20 18. 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;".
38
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Crimes (Workplace Deaths and Serious Injuries) Act 2001
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
39
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