| RECOMMENDATION 71
Penalties for non-compliance with duties of care should be specified in the same provisions as the duties to which they relate.
RECOMMENDATION 72
If recommendation 71 is not accepted, the provisions relating to penalties for non-compliance with duties of care should be collocated with the provisions specifying the duties.
RECOMMENDATION 73
The model Act should expressly state the dollar amounts of the maximum fines for each category of breach of a duty of care.
The effects of other laws on offences and penalties
Current arrangements
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Various laws overlap with and affect the OHS laws. There are not uniform sentencing laws in the jurisdictions (these laws affect the approach taken by judges and magistrates when disposing of matters). Similarly, there is not a consistent approach to the procedural law and practice of the courts and tribunals that hear such matters.
Stakeholder views
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This was not a matter upon which we invited written submissions. Even so, in our consultation, the matter was raised. There is a concern that there may some friction between the aims and operation of OHS legislation and the laws of more general application that may affect the conduct of OHS prosecutions or their outcomes.
Discussion
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We received little comment on the effect of laws of general application on the outcome of prosecutions for breaches of OHS laws. We are not in a position to assess how that might affect the implementation of harmonised OHS laws. Even so, we consider that Ministers may wish to seek further advice on the matter to identify whether it is of such significance that representations should be made to the Standing Committee of Attorneys-General.
RECOMMENDATION 74
Further advice should be sought on the effects of other laws relating to the jurisdiction, powers and functions of the courts with jurisdiction over OHS matters to identify whether those laws have any unintended consequences inimical to the objective of harmonising OHS laws.
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