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

MASSACHUSETTS RIDESHARE DRIVERS UNION MAKES U.S. HISTORY
Massachusetts rideshare drivers made labour history last week by forming the first officially recognised rideshare union in the United States. Almost 70,000 rideshare drivers in the state can now bargain collectively after...
Read More
$1.1M FINE FOR CLEANAWAY AFTER 10 YEAR BATTLE
Waste management company Cleanaway has been fined a record $1.1 million for two category-2 breaches of federal work safety laws relating to an Adelaide truck crash that killed two members of the...
Read More
ELECTROCUTION CASE APPEAL RESULTS IN SIX-FOLD FINE INCREASE
An appeal of the 2025 sentencing of AAD Civil Construction Pty Ltd following an electrocution incident has seen their fine increased six-fold and a conviction recorded against the company.
Read More