This statistical report is being released alongside a detailed consultation paper in which the Victorian Sentencing Advisory Council is seeking stakeholder and community views about a variety of questions related to the sentencing of occupational health and safety (OHS) offences.

This report is designed to perform two functions: first, to be a standalone report that can provide a useful overview of the sentencing of OHS offences in the 16 years to 30 June 2021 (the reference period); and second, to provide a transparent evidence base to which stakeholders and the community can refer in making written submissions to, or consulting with, the Council as they consider the various opportunities for reform.

This report examines all offences sentenced under the Occupational Health and Safety Act 2004 (Vic) since its commencement in July 2005, as well as under the Occupational Health and Safety Regulations 2007 (Vic) and Occupational Health and Safety Regulations 2017 (Vic). The inquiry is not limited to any particular court jurisdiction, so for the reference period, the authors examine all 1,086 cases involving OHS offences sentenced in the Magistrates’ Court, 110 cases involving OHS offences sentenced in the County Court, and the 1 case involving OHS offences sentenced in the Supreme Court (DPP v Hazelwood Power Corporation Pty Ltd [2020] VSC 278).