Sentencing and OHS prosecutions but few solutions

Most submissions to the inquiry into Sentencing Occupational Health and Safety Offences in Victoria are now publicly available.  They raise a lot of different issues and some grumbles even though the Sentencing Advisory Council provided some structure to the topics it wanted addressed.

A major purpose of any penalty is to deter harmful and damaging actions from being repeated.  SAC reiterates that any sentence 

  • deters the offender and others from committing similar offences;
  • punishes the offender in a just manner;
  • facilitates the rehabilitation of the offender;
  • denounces the behaviour that the offender engaged in, and
  • protects the community from the offender. (page 7)

The CFMEU’s Dr Gerry Ayers opens his submission with Deterrence by quoting Gunningham and Johnstone from 1999, who wrote:

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Is the Psych Health and Safety Conference worth attending?

Recently, Sydney, Australia, experienced the inaugural Psych Health and Safety conference managed by Flourishdx, a prominent Australian consultancy that identifies and helps companies manage psychosocial hazards at work. There were around 400 delegates in person and online. The conference was a gamble for Flourishdx, and it largely paid off, but contrary to some of the overly effusive posts on LinkedIn, it was a curious beast.

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If you don’t sound the alarm, who will?

Last week the Australian Institute of Health and Safety (AIHS) National Conference contained some excellent speakers and one or two stinkers. (I will not be reporting on the last speaker of the conference, who spent his first ten minutes “roasting”. i.e. insulting the delegates!) Safe Work Australia’s Marie Boland was an important and informative speaker who nudged the occupational health and safety profession to be more active.

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Different OHS messages to different audiences

Last week, WorkSafe Victoria held its annual Business Leaders’ Breakfast. The keynote speaker was Karen Maher, who spoke about the need for an effective and respectful workplace culture that would foster a healthy psychosocial environment. Her presentation would have been familiar to many of the occupational health and safety (OHS) and WorkSafe personnel in the audience, but it may have been revolutionary for any business leaders. Maher outlined the need for change but not necessarily how to change or the barriers to change.

The event did provide a useful Q&A session and afforded the new WorkSafe Victoria CEO, Joe Calafiore, his second public speaking event in a week.

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UK’s fit note initiative is a short-term attempt at a fix

On April 19 2024, United Kingdom’s Prime Minister Rishi Sunak made a major speech about welfare reform and mental health. The UK has a strong tradition of public health support through its National Health Service, which always seems to be underfunded and under-resourced but holds huge cultural and medical significance in the community. Mental ill-health has increased enormously over the last decade, as it has in countries like Australia, which is currently undergoing significant industrial relations reforms. However, what is missing from the PM’s speech and some of the subsequent analysis is that work is controlled by employers, so what does PM Sunak expect employers to do to help?

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“If a tree falls in a forest and no one is around to hear it, does it make a sound?”

Victoria’s Sentencing Advisory Council is conducting a public inquiry into sentencing and penalties for breaches of occupational health and safety (OHS). Public hearings are continuing, and the inquiry is receiving some well-deserved media attention.

ABC’s The Law Report recently devoted an episode to Industrial Manslaughter laws and the sentencing inquiry. The IM section of the episode was very familiar, but the sentencing inquiry was intriguing.

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Applicability of Restorative Practices to all workplaces

Last week, a book called Setting Relations Right in Restorative Practice by David B Moore and Alikki Vernon (pictured above, second and third from the left, respectively) was published. The launch seemed full of the authors’ friends and colleagues, as well as social workers. Although Restorative Justice has been applied a little bit to resolve workplace conflicts, the discussion was dominated by examples in youth detention, correctional facilities, health care and public sector organisations. These are important industries, but what about the private sector in which most people work?

I asked the authors for some perspectives on workplaces outside of the types already discussed?

Below is the response from Moore and Vernon.

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