Enforcement
Enforcement and Prosecutions Worksafe
Occupational Health & Safety Act
Policies and guidelines set out how and when WorkSafe will encourage compliance with the Victoria’s OHS laws; compel dutyholders to remedy risks to occupational health and safety; and prosecute OHS offences.
Publications:
The WorkSafe Compliance and Enforcement Policy provides an overview of the legislative framework within which WorkSafe operates and sets out how WorkSafe’s ‘Constructive Compliance Strategy’ is applied to its enforcement and prosecution activities.
It also incorporates the VWA General Prosecution Guidelines, as published in the Victorian Government Gazette.
A six page summary of the WorkSafe Compliance and Enforcement Policy and VWA General Prosecution Guidelines.
Supplementary Enforcement and Prosecution Policies
Supplementary enforcement and prosecution policies provide details of the implementation of the principles set out in the VWA General Prosecution Guidelines.
Details WorkSafe’s approach to enforceable undertakings under OHS legislation, outlining when an undertaking may be suitable, giving examples of acceptable and unacceptable terms and explaining how an undertaking will be considered and managed.
Details WorkSafe’s approach to what happens to items that are seized, or otherwise taken possession of, by the Authority under part 9 of the Occupational Health and Safety Act 2004 once those items are no longer required for use as evidence in criminal proceedings.
Details WorkSafe’s approach to what should occur when, on the basis of legal professional privilege, a person objects to the production of documents to WorkSafe pursuant to s 99 of the Occupational Health and Safety Act 2004, or to the seizure of documents by WorkSafe pursuant to s 100 of the Act.
Details WorkSafe’s approach to issuing a letter of caution to an offender as an alternative to prosecution for an occupational health and safety (‘OHS’) offence.
Details the Authority’s approach to prosecuting various types of dutyholders (e.g. corporations, partnerships, unincorporated associations and other bodies, officers, employees, etc.).
Details WorkSafe’s approach to determining whether, in the view of WorkSafe, an indictable occupational health and safety (“OHS”) offence should be tried summarily.
Details WorkSafe’s approach to whether the prosecution of an occupational health and safety (“OHS”) offence will occur under an Act and/or an associated regulation.
Details WorkSafe’s approach to the application of the VWA General Prosecution Guidelines to alleged offences by Victorian Government Departments under Victoria's OHS laws.
Details WorkSafe’s approach to the publishing and utilisation of data and information arising from investigation and enforcement activities undertaken by WorkSafe, in particular, prosecution-related activities.
Details WorkSafe’s approach to applying to the Magistrates’ Court, pursuant to Divisions 5 and 6 of Part 9 of the Occupational Health and Safety Act 2004, for a search warrant authorising entry to premises to search and seize items as part of the Authority’s compliance activity.
Details WorkSafe’s approach to seeking an injunction to compel a person to comply with a non-disturbance notice, improvement notice, or prohibition notice, or to restrain a person from contravening such a notice.
Details the principles adopted by WorkSafe that guide a prosecutor’s submissions to a court on sentencing.
