Chapter heading 1

Stakeholder views

5. 
   The predominant position expressed in submissions, was that breaches of duties of care should be criminal offences. The ACTU commented that this was essential for ensuring that: ²⁶³
   

“…occupational health and safety is treated as the serious social and economic concern that it is”.

6. 
   On the other hand, the ACCI observed that OHS breaches should generally be subject to civil rather than criminal penalties, with a civil standard of proof, except where there is: ²⁶⁴
   

“…offensive conduct in the OHS environment that is proven to be not amenable to civil penalty provisions”.

7. 
   The SA Government’s submission included a response that reflects a common view in the submissions, namely that the duties are: ²⁶⁵
   

“…fundamental and the application of the criminal law, including the criminal onus, is appropriate in order to confirm the credibility and deterrent effect of the Act”.