Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 145

Liability of officers of partnerships and unincorporated bodies or associations

145. Liability of officers of partnerships and unincorporated bodies or
associations



(1) Subject to subsection (2), if-

   (a)  this Act imposes a duty on a person or provides that a person is
        guilty of an offence; and

   (b)  the person is a partnership or an unincorporated body or association
        (including a partnership or an unincorporated body or association
        representing the Crown)-

the reference to the person is taken to be instead a reference to each officer
of the partnership, body or association (as the case may be).

(2) If an offence against this Act is committed by an officer of a partnership
or an unincorporated body or association because of the effect of subsection
(1), the officer is only guilty of the offence if the commission of the
offence is attributable to the officer failing to take reasonable care.

(3) The penalty to which an officer of a partnership or an unincorporated body
or association is liable for an offence committed by him or her because of the
effect of subsection (1) is a fine not exceeding the maximum fine that could
be imposed by a court on a natural person found guilty of the same offence
committed at the same time (otherwise than because of the effect of subsection
(1)).





(4) In determining whether an officer of a partnership or unincorporated body
or association 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 partnership, body or association
        in relation to the matter concerned; and

   (c)  whether the commission of the offence is also attributable to an act
        or omission of any other person; and

   (d)  any other relevant matter.

(5) An officer of a partnership or unincorporated body or association 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 partnership or unincorporated body or association
includes a person who makes or participates in the making of decisions that
affect the whole or a substantial part of the business of the partnership,
body or association and a person who has the capacity to affect significantly
the financial standing of the partnership, body or association (see section
5). 2. For volunteer, see section 5.

Division 6-Proceedings against the Crown