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OH & S Penalties Case - Plastics Industry
On 9 September 2015, in a decision that will be of significance to insurers of defendants in occupational health and safety (OHS) prosecutions, the Victorian Court of Appeal clearly outlined the sentencing approach in OHS prosecutions in Victoria: namely, that Courts will impose penalties based on the seriousness or gravity of the risk caused by the relevant safety breach and not instead on the consequences of a safety breach (i.e. whether someone was injured or killed).
Source: ChilchristConnell Pty Ltd