Chapter 10: The Nature of OHS Offences – General Features
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To emphasise the seriousness of the obligations and to strengthen their deterrent value, breaches of duties of care should only be criminal offences, with the prosecution bearing the criminal standard of proof for all the elements of the offence.
Note: We discuss and make a recommendation about the onus of proof in chapter 13 and in recommendation 62.
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Penalties should be clearly related to non-compliance with a duty, the culpability of the offender and the level of risk, not merely the actual consequences of the breach.
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Offences for a breach of a duty of care should continue to be absolute liability offences, and clearly expressed as such, subject to the qualifier of reasonable practicability, due diligence or reasonable care, as recommended earlier.
