Australian Regulatory Trends 2019

Occupational health and safety

2018 PROSECUTIONS

136 of 294 charges

The most actively used provisions remain allegations of breaches of the primary duty of an organisation to its workers. Of all charges brought in 2018, 136 of 294, 1 or 46.3% , were for breaches of the primary duty owedto workers.

248 completed and published prosecutions under health and safety laws around Australia.

Some prosecutions involved charges being laid under more than one provision of legislation.

1

A total of AUD 19,566,050 was imposed in fines across the completed and published prosecutions (with the majority commenced against organisations). The highest penalty imposed was AUD 900,000 in Orr v Cudal Lime Products Pty Ltd [2018] NSWDC 27.

The range of penalties imposed across all

248 cases

suggests a need for sentencing guidelines to improve consistency of outcomes.

900,000

19,566,050

SA

AUD 171,500

NT

AUD 166,000

WA

AUD 69,252

The highest average penalty was in South Australia with AUD 171,500 , followed by the Northern Territory with AUD 166,000 and the lowest in Victoria with AUD 69,252 (excluding those jurisdictions with only one completed prosecution).

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