The council says current sentencing often fails to meet Sentencing Act objectives
The Victorian Sentencing Advisory Council has released a report recommending 12 reforms to strengthen sentencing for occupational health and safety (OHS) offences, including higher penalties, greater victim participation, and improved enforcement of fines to enhance workplace safety and accountability.
The council’s review follows a request from the Victorian Government in 2024 to examine whether sentencing under the Occupational Health and Safety Act 2004 (Vic) requires reform. This is the first time sentencing practices under the act have been comprehensively reviewed since it was introduced 20 years ago.
After conducting research and consultations, the council found that current sentencing practices do not always meet the objectives set out in the Sentencing Act. In particular, penalties in some cases, especially those involving larger companies, are not high enough to act as an effective deterrent or to reflect community expectations. The council also identified a significant issue with unpaid fines, particularly in cases where companies have been deregistered after being penalised.
The report highlighted that sentencing options such as health and safety undertakings, which require companies to take specific actions to improve workplace safety, and adverse publicity orders, which require companies to publicise their offences, are not being used as frequently as they could be. The council concluded that broader use of these measures, along with higher fines, would improve compliance with workplace safety laws.
To address these concerns, the council has recommended reforms that would allow more people affected by OHS offences to participate in sentencing. This includes broadening eligibility for submitting impact statements in court and introducing a victim-centred restorative justice conference. The report also called for a fivefold increase in maximum penalties for companies and individuals who fail to meet their workplace safety obligations. It recommended that WorkSafe Victoria adopt new policies encouraging prosecutors to seek health and safety undertakings and adverse publicity orders more frequently.
The council also proposed stronger enforcement mechanisms to ensure penalties are paid. This includes making company directors personally liable for fines in appropriate cases and investigating the introduction of successor liability, which would allow fines imposed on deregistered companies to be transferred to new companies that replace them. Additionally, the report called for a legislated sentencing guideline for OHS offences, which would provide courts with clear sentencing frameworks and indicative penalty ranges based on factors such as whether the offence resulted in injury or death.
Sentencing Advisory Council Director Stan Winford emphasised the need for reform, stating that injured workers and their families should have a greater role in sentencing and that penalties must be meaningful enough to deter future offences. He noted that fines need to be increased and properly enforced to ensure that companies are held accountable for workplace safety breaches.
“More can be done to ensure fines intended to deter and punish OHS offences are actually paid by offenders,” Winford said. Ultimately, the council’s report stressed that stronger sentencing practices will lead to safer workplaces across Victoria.
