Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SUMMARY OF LEGISLATION
The information in this appendix is a summary and not a full and precise statement of the law or legal
advice. Copies of Acts and Regulations are available from Information Victoria, 356 Collins Street,
Melbourne 3000, or by calling (toll-free) on 1300 366 356.
OCCUPATIONAL HEALTH AND SAFETY ACT 1985
Section 21(1) states an employer’s general duty to employees – to ‘provide and maintain, so far as is
practicable, for employees a working environment that is safe and without risks to health’.
Section 21(2) contains five paragraphs that elaborate on that general duty. So (subject to practicability),
employers are in breach of section 21(1) if they fail:
(a) to provide and maintain safe plant (e.g. equipment or machinery) and systems of work;
(b) to make arrangements to ensure the safe use, handling, storage and transport of plant and
substances (e.g. chemicals or components);
(c) to maintain in a safe condition any workplace under their control and management;
(d) to provide adequate facilities for the welfare of employees at any such workplace; and/or
(e) to provide the information, instruction, training and supervision necessary to enable employees to
perform their work in a safe manner.
Section 22 requires employers and self-employed persons to ensure, so far as is practicable, that
people other than their employees (e.g. members of the public) are not exposed to health or safety risks
arising from the conduct of their undertaking (i.e. the activities of their business).
Section 23 requires an occupier of a workplace to take such measures as are practicable to ensure that
the workplace and access to and egress from the workplace are safe and without risks to health.
Section 25(1)(a) requires an employee to take care for the health and safety of himself or herself and
anyone else affected by his or her acts or omissions in the workplace.
Section 25(2)(b) provides that employees must cooperate with their employers.
Section 42(1)(a) makes it an offence to refuse access to a workplace to an inspector or a person
assisting an inspector.
Section 42(1)(f) makes it an offence to hinder, impede or oppose an inspector who is exercising his or
her powers under the Act.
Section 43(3) creates an offence of not complying with an improvement notice. Such notices require the
persons to whom they are issued to remedy specified breaches by specified dates.
Section 44(3) creates an offence of not complying with a prohibition notice. Such notices are issued in
circumstances of immediate risk to the health and safety of any person.
Section 52(1) states that where an offence is committed by a body corporate with the consent or
connivance of, or wilful neglect by, an officer of the body corporate, that officer is also guilty of the same
offence.
DANGEROUS GOODS ACT 1985
Section 23(2) a person contravened/failed to comply with a condition, limitation or restriction inserted in
a licence issued by the VWA.
Section 30(1) an occupier of premises licensed to store dangerous goods failed to keep a manifest (list)
in a prominent location.
Section 31(2) a person failed to take precautions around licensed premises.
Section 54(5) a person who without the VWA’s approval, imported into Victoria, manufactured, sold,
transported, stored, used or otherwise dealt with an unauthorised explosive.
140PROSECUTIONS 2005