Prosecutions for non-compliance with duties of care should be commenced within two years of whichever is the latest of the following:
the occurrence of the offence;
the offence coming to the regulator’s notice;
or within 1 year of a finding in a coronial proceeding or another official inquiry that an offence has occurred.
Chapter 16: Guidance on sentencing
Victim Impact Statements
Current arrangements
Victim impact statements are a means by which the victims of breaches (or, in the case of a fatality, partners or dependants) are able to inform the court of how they have been affected by the breach. This allows them to participate in the criminal justice process in a more meaningful way and help the courts to gain a greater appreciation of the consequences of a breach. Such statements are usually provided for in laws of general application and not in OHS Acts.355 These laws provide the means for a victim to present a statement to the court concerned.356 The processes are not identical and differ in what may be presented to a court and how.
