Enforcement and Prosecution Policy

If this is worksafes policy then why havent they enforced it?

Jeff Kennett lied and falsified the figures used to obtained the legislation
changes to exclude injured workers from common law claims and then used
these figures to obtain backing from the parliament, which is FRAUDULENT!

So what does the VWA intend to do about Kennett?
Will they ignore it or enforce it?

Prosecution of Victorian Government Departments

1.0 SCOPE
Prosecution of Victorian Government Departments details the Authority’s
approach to the application of the VWA General Prosecution Guidelines to
alleged offences by Victorian Government Departments under Victoria’s
occupational health and safety (‘OHS’) laws.
It is a supplementary enforcement and prosecution policy and should be
read in the context of, and subject to, the VWA General Prosecution
Guidelines.

2.0 BACKGROUND

2.1 Status
Prosecution of Victorian Government Departments is one of a range of
supplementary enforcement and prosecution policies which the Authority
develops, from time-to-time, to provide details of the implementation of
the principles set out in the VWA General Prosecution Guidelines.
As with all supplementary enforcement and prosecution policies, it:
• is consistent with, and supports, the implementation of the Guidelines;
• in no way replaces or adds to any of the principles set out in the Guidelines;
• should be read in the context of, and subject to, the Guidelines; and
• will be kept under regular review in relation to its effectiveness and
relevance and may be modified by the Authority at any time.

2.2 VWA General Prosecution Guidelines
The VWA General Prosecution Guidelines set out the Authority’s criteria
for, and approach to, prosecution decisions. They guide the Authority in
the exercise of its prosecutorial discretion.
All OHS prosecution-related activities are conducted by the Authority’s
OHS arm, WorkSafe, in accordance with these Guidelines.
Where a comprehensive investigation reveals evidence of a breach of
Victoria’s OHS laws, WorkSafe will apply the prosecution criteria of
‘sufficient evidence’ and ‘public interest’ to determine what punitive
action, if any, should occur (i.e. prosecution proceedings, enforceable
undertaking, letter of caution, or no further action).
Nothing in this policy interferes with, or detracts from, WorkSafe’s
exercise of its prosecutorial discretion in accordance with the Guidelines
(i.e. its discretion in relation to the commencement, conduct, and/or
discontinuation of prosecution proceedings or other punitive action).

2.3 Application of Policy
This policy applies to all comprehensive investigations and prosecutions
of Victorian Government Departments for alleged breaches of Victoria’s
OHS laws.
2 It should be read in the context of, and subject to:
a) the VWA General Prosecution Guidelines; and
b) the Victorian Government’s Model Litigant Guidelines.
If any conflict arises between the VWA General Prosecution Guidelines and
the Model Litigant Guidelines, WorkSafe will act in accordance with the
VWA General Prosecution Guidelines.


3.0 POLICY
3.1 Principles
This policy is based on the following principles, consistent with Part 7
of the VWA General Prosecution Guidelines:
a) all Victorian Government Departments have a responsibility
to comply with the law, including with Victoria’s OHS laws;
b) Departments are subject to prosecution or other punitive
action for breaches of Victoria’s OHS laws in the same manner
as any other dutyholder;
c) the VWA General Prosecution Guidelines apply to all
dutyholders. Departments will not be treated any more or less
favourably than other dutyholders as a result of this policy;
d) in OHS matters, the VWA General Prosecution Guidelines
are applied in the context of WorkSafe’s strategy of constructive
compliance (Part 6.1.1)5;
e) procedures relating to the investigation and prosecution of
Departments will be transparent and accountable to the public;
f) alternatives to prosecution (i.e. enforceable undertakings,
letters of caution, no further action) will be considered in accordance
with the VWA General Prosecution Guidelines (Parts 12 to 15)
g) where charges are laid, WorkSafe will undertake prosecution
proceedings in a manner that avoids unnecessary public
expenditure (e.g. where appropriate, by narrowing the factual/
legal issues in dispute);
h) the VWA will act in accordance with Victoria’s Model
Litigant Guidelines;
and
i) the VWA will encourage Departments to act as exemplars of
OHS standards.

3.2 Conduct of Prosecution
Subject to the rights of potential co-defendants:
• alternatives to prosecution (i.e. enforceable undertakings, letters of
caution, no further action) will be considered in accordance with the VWA
General Prosecution Guidelines (Parts 12 to 15)
• where charges are laid against a Department, where it is in the public
interest, WorkSafe will endeavour to:
— consult with the Department to narrow the issues (legal and/or factual)
in dispute;
— agree with the Department on a statement of facts for use during court
proceedings;
— ensure that the overall time and cost of prosecution proceedings (e.g.
court time, VWA legal costs) is proportionate to the issues in dispute; and
— take other steps to avoid unnecessary expenditure (e.g. where appropriate,
agree with the Department to jointly seek independent legal opinion on an
unresolved legal issue);
• the VWA will consult the Department to promote the development/
maintenance of safe systems of work at individual worksites and a
systemic level, and to encourage future compliance.

3.3 Protocols
The VWA may enter into protocols with Government Departments that are
consistent with, and expand upon, the application of the principles of this policy.

This means they can change the protocols at anytime to include
the issues raised

3.4 Advice to Minister
WorkSafe will keep its Minister informed of the progress of investigations
and prosecutions of Departments, to facilitate the Minister’s parliamentary role.
The VWA’s independent prosecutorial discretion under the Guidelines will be
maintained, in accordance with its status as an independent statutory authority.

What if the Minister is the problem?

4.0 Related Policies
A related supplementary enforcement and prosecution policy is
Enforceable Undertakings, which is available at http://www.worksafe.vic.gov.au/,
together with the VWA General Prosecution Guidelines.

5.0 Legal Advice
Not applicable.

6.0 Last Modified
This supplementary enforcement and prosecution policy was last
modified on 20 April 2006.