| N0. |
Recommendation |
| 17 |
It is recommended the Act be amended to provide
for:
• prosecution of State Government departments
and agencies for breaches of the Act; and
• the issuing of improvement and prohibition
notices to State Government departments and agencies.
To read the
Background to this recomendation, click here
|
| 31 |
It is recommended the Act be amended to provide
for serious breaches of the Occupational Safety
and Health Act 1984 to be heard as indictable
offences by superior courts
To read
the Background to this recomendation, click here
|
| 32 |
It is recommended the Act be amended to more clearly
establish the accountability of corporations,
their directors and senior officers for the occupational
safety and health of employees.
|
| 33 |
If
the liability of corporate directors and senior
officers is not extended, it is recommended s.55
be amended to make clear the same maximum penalty
as would apply to a body corporate applies to
a person convicted under s.55 of the Act.
To read the
Background to this recomendation, click here
|
| 34 |
It
is recommended the Act be amended to provide for
negligent senior officers of corporations to be
held accountable for the death or serious injury
of employees. Offences would apply where a corporation
owes a duty of care to the deceased or injured
person, where senior officers have breached their
duty of care and the breach amounts to gross negligence.
In the event that investigation procedures under
the
Criminal Code and/or amendment of the Criminal
Code provide an effective alternative process,
this recommendation should lapse. |
| 35 |
It is recommended the maximum penalties in the
Act be increased to reflect penalty levels in
other jurisdictions and community expectations.
These should include imprisonment for serious
offences involving gross negligence resulting
in serious injury or death. |
| 36 |
It is recommended the Commission and WorkSafe
pursue the development and application of sentencing
guidelines for offences under the Occupational
Safety and Health Act 1984. If necessary, specific
provision should be made in the Act for sentencing
guidelines to be issued by an appropriate authority.
|
| 37 |
It
is recommended the Act be amended to provide for
alternative non-monetary penalties, aimed directly
at improving occupational safety and health, for
lesser offences under the Act. |
| 38 |
It
is recommended the WorkSafe Prosecution Policy
be revised and to formalise the current practice
whereby the reasons for each decision in respect
of prosecutions are confirmed in writing |
| 39 |
It
is recommended WorkSafe develop policy and processes
for the investigation and prosecution of breaches
of the Act related to the health of employees |
| 40 |
It
is recommended the Act be amended to provide for
a mandatory on-the-spot fine (subject to an appeal
mechanism) for the offence at s.48(4) of failing
to comply with an Improvement Notice by the due
date. The imposition of the fine should not remove
the obligation to comply with the notice nor preclude
prosecution if warranted |
