DROPPED COVID PROSECUTION REVIEW

Amendments to Victoria’s OHS and Inquiries Act are being considered to ensure the viability of certain OHS prosecutions following the withdrawal of COVID-related charges against the State Department of Health.

The charges were dropped because key evidence provided to an earlier inquiry was deemed inadmissible in court under section 80 of the Inquiries Act. Section 80 states any ‘answer, information, document, or other thing given or produced to a Board of Inquiry by a person... is not admissible in evidence, or otherwise able to be used, against the person in any other proceedings’ (with very limited exceptions).

WorkSafe expressed deep disappointment over the development and plans to review the matter with a view to potentially recommending legislative changes that ensure it can properly fulfill its compliance and enforcement role.

WorkSafe had charged the Health Department with multiple breaches of sections 21 and 23 of our OHS Act after COVID outbreaks caused by quarantine failures led to hundreds of deaths during Victoria’s second wave in 2020.

Despite initially finding sufficient evidence for trial, the case was dropped after the Department successfully argued that evidence provided to the inquiry was not admissible in court.

This situation highlights the complexity of legal procedures surrounding OHS prosecutions and inquiries.

Source: OHS Alert, 2 May

Share Tweet

RELATED

FORKLIFT STRIKE RAISES QUESTIONS ABOUT WHETHER ENFORCEABLE UNDERTAKINGS DELIVER ACCOUNTABILITY
Godfrey Hirst Australia Pty Ltd, a carpet manufacturing company, has resolved alleged breaches of Victoria’s OHS Act through an Enforceable Undertaking (EU) accepted by WorkSafe Victoria, following an incident where a truck...
Read More
NEW VICTORIAN CABINET ANNOUNCED AND NEW MINISTER FOR WORKSAFE
Following the recent change in leadership of the Victorian Government the new Premier Ben Carroll unveiled a new cabinet of 20 ministries. The ministry for WorkSafe and TAC, which was previously held...
Read More
VCAT ISSUES STRONG MESSAGE ON WORKPLACE SEXUAL HARASSMENT
A recent Victorian Civil and Administrative Tribunal (VCAT) decision reminds employers that failing to prevent workplace sexual harassment is a serious matter, and failing to engage with legal proceedings can make matters...
Read More