OHS Prosecutions – Update

Prosecutions for failure to adequately instruct

The Court of Appeal has given guidance on a range of issues arising in the prosecution of offences under the Occupational Health and Safety Act 2004. 

Counsel for the employer in DPP v Vibro-Pile (2016) 49 VR 676 will discuss the employer’s liability for failing to adequately instruct workers and the sentencing of OHS breaches.

Sarah Keating will discuss framing and particularisation of charges the and other issues decided in Downer EDI v The Queen [2017] VSCA 27 (2017) 52 VR forthcoming).