Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 144

Liability of officers of bodies corporate

144. Liability of officers of bodies corporate



(1) If a body corporate (including a body corporate representing the Crown)
contravenes a provision of this Act or the regulations and the contravention
is attributable to an officer of the body corporate failing to take reasonable
care, the officer is guilty of an offence and liable to a fine not exceeding
the maximum fine for an offence constituted by a contravention by a natural
person of the provision contravened by the body corporate.

(2) An offence against subsection (1) is summary or indictable in nature
according to whether the offence constituted by the contravention by the body
corporate is summary or indictable.

(3) In determining whether an officer of a body corporate is guilty of an
offence, regard must be had to-

   (a)  what the officer knew about the matter concerned; and

   (b)  the extent of the officer's ability to make, or participate in the
        making of, decisions that affect the body corporate in relation to the
        matter concerned; and

   (c)  whether the contravention by the body corporate is also attributable
        to an act or omission of any other person; and

   (d)  any other relevant matter.

(4) An officer of a body corporate may be convicted or found guilty of an
offence in accordance with subsection (1) whether or not the body corporate
has been convicted or found guilty of the offence committed by it.

(5) An officer of a body corporate (including a body corporate representing
the Crown) who is a volunteer is not liable to be prosecuted under this
section for anything done or not done by him or her as a volunteer.

Notes 1. Officer of a body corporate includes a person who makes or
participates in the making of decisions that affect the whole or a substantial
part of the body corporate's business and a person who has the capacity to
affect significantly the body corporate's financial standing (see section 5).
2. For volunteer, see section 5.

Division 5-Offences by partnerships and unincorporated bodies or associations