Chapter heading 1

RECOMMENDATION 59 The model Act should provide for custodial sentences for individuals for up to five years in circumstances (category 1 offence) where: there was a breach of  a duty of care where there was serious harm to a person (fatality or serious injury) or a high risk of serious harm; and the duty holder has been reckless or grossly negligent.

Re-offenders

Current arrangements

27. 
    Although there is no uniformity in the OHS Acts or other sentencing laws, to penalties for persons who have previous convictions for non-compliance with duties of care, there are two broad approaches.
    
28. 
    Option one – Leave it to the sentencing court to decide the consequence for a defendant of prior convictions, subject to the requirements of local general sentencing statutes.³¹⁹ It should be noted that the treatment of prior convictions varies between the various applicable sentencing laws of the Commonwealth, States and Territories.
    
29. 
    Option two – Make specific provision in the model Act for an increased fine for a re-offender. Table 14 sets out the position under the OHS Acts.