Victoria Occupational Health and Safety Act 2004
Part 11: Legal proceedings – Victoria Occupational Health and Safety Act 2004

Victoria Occupational Health and Safety Act 2004 s144: s 144 Officers of bodies corporate must take reasonable care to prevent contraventions

Where a body corporate (including one representing the Crown) breaches the Act or regulations and the breach is attributable to a failure by an officer to take reasonable care, that officer commits an offence. Maximum fine: 10 000 penalty units where the breach is workplace manslaughter under s 39G(1); otherwise the maximum fine for an individual breaching the same provision. The offence is summary or indictable to match the company's offence. Relevant factors are the officer's knowledge, ability to make or influence decisions on the matter, whether others also contributed, and any other relevant matter. The officer can be convicted even if the company is not. Volunteer officers cannot be prosecuted under this section. Officers include people who make, or take part in, decisions affecting all or much of the business.

Maintained by Gerard Blokdyk

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