THE state government has been accused of trying to shut down criminal prosecutions against employers charged with breaching workplace safety laws.
The government introduced new laws in January that made it harder to prosecute employers for breaches of workplace safety.
But the laws were not retrospective, meaning hundreds of cases would still be prosecuted under the old Occupational Health and Safety Act.
An internal government document obtained by the Herald says three NSW ministers agreed to ask for legal advice on whether these cases should continue.
The letter by the Minister for Resources and Energy, Chris Hartcher, on February 16, to his department, requests ''all prosecutions pending under the OH&S Act to be stayed pending the receipt and consideration of the advice of the Crown Solicitor and senior counsel''.
It says Mr Hartcher had the agreement of the Finance Minister, Greg Pearce, and the Attorney-General, Greg Smith.
Last month WorkCover, which prosecutes employers for breaching workplace laws, tried to adjourn 22 cases in the NSW Industrial Relations Commission.
The presient of the commission, Justice Roger Boland, refused to adjourn nine of the cases after WorkCover said it was unable to reveal why it was reviewing them. The cases included a death.
''I do not understand the need for WorkCover to keep the purpose of the review, and its relevance to the charge that is before the court, secret,'' he said.
The opposition's acting finance spokesman, Adam Searle, said the document obtained by the Herald revealed that senior ministers had ''sought to interfere in criminal prosecutions already before the court''.
''This is an extraordinary intervention that could see employers, who have put their workers at risk, escape prosecution …'' he said.
''Governments can seek to change laws for the future, but Ministers should not involve themselves in decisions about whether or not individual companies or persons should be prosecuted,'' Mr Searle said.
Mr Pearce denies he directed WorkCover to conduct the review but said the government asked WorkCover to ''consider its prosecutions'' in light of a 2009 High Court case in which the Kirk Group challenged the way the Industrial Court of NSW had interpreted the act.
''Importantly, back in 2010 WorkCover, as a result of the Kirk decision and on the advice of senior counsel and with the knowledge of the then minister [Michael] Daley, reviewed all prosecutions before the courts to determine whether any amendments to the charges were required,'' he said.
Mr Hartcher said his letter to his department had addressed concerns raised by the Kirk decision and its implications for the mining industry - as opposed to WorkCover. Mr Pearce said no similar direction was given to WorkCover.
''The government has not interfered,'' Mr Hartcher said. ''All it has done is ask for legal advice.''
A Greens MP, David Shoebridge, said the letter showed political interference with the WorkCover authority.
''Politicians should never be in a position to give directions to prosecutors in regards to criminal cases, and work safety matters are no exception,'' he said.
The government introduced new laws in January that made it harder to prosecute employers for breaches of workplace safety.
But the laws were not retrospective, meaning hundreds of cases would still be prosecuted under the old Occupational Health and Safety Act.
An internal government document obtained by the Herald says three NSW ministers agreed to ask for legal advice on whether these cases should continue.
The letter by the Minister for Resources and Energy, Chris Hartcher, on February 16, to his department, requests ''all prosecutions pending under the OH&S Act to be stayed pending the receipt and consideration of the advice of the Crown Solicitor and senior counsel''.
It says Mr Hartcher had the agreement of the Finance Minister, Greg Pearce, and the Attorney-General, Greg Smith.
Last month WorkCover, which prosecutes employers for breaching workplace laws, tried to adjourn 22 cases in the NSW Industrial Relations Commission.
The presient of the commission, Justice Roger Boland, refused to adjourn nine of the cases after WorkCover said it was unable to reveal why it was reviewing them. The cases included a death.
''I do not understand the need for WorkCover to keep the purpose of the review, and its relevance to the charge that is before the court, secret,'' he said.
The opposition's acting finance spokesman, Adam Searle, said the document obtained by the Herald revealed that senior ministers had ''sought to interfere in criminal prosecutions already before the court''.
''This is an extraordinary intervention that could see employers, who have put their workers at risk, escape prosecution …'' he said.
''Governments can seek to change laws for the future, but Ministers should not involve themselves in decisions about whether or not individual companies or persons should be prosecuted,'' Mr Searle said.
Mr Pearce denies he directed WorkCover to conduct the review but said the government asked WorkCover to ''consider its prosecutions'' in light of a 2009 High Court case in which the Kirk Group challenged the way the Industrial Court of NSW had interpreted the act.
''Importantly, back in 2010 WorkCover, as a result of the Kirk decision and on the advice of senior counsel and with the knowledge of the then minister [Michael] Daley, reviewed all prosecutions before the courts to determine whether any amendments to the charges were required,'' he said.
Mr Hartcher said his letter to his department had addressed concerns raised by the Kirk decision and its implications for the mining industry - as opposed to WorkCover. Mr Pearce said no similar direction was given to WorkCover.
''The government has not interfered,'' Mr Hartcher said. ''All it has done is ask for legal advice.''
A Greens MP, David Shoebridge, said the letter showed political interference with the WorkCover authority.
''Politicians should never be in a position to give directions to prosecutors in regards to criminal cases, and work safety matters are no exception,'' he said.
No comments:
Post a Comment