WorkSafe ACT has released the full review into work health and safety prosecution arrangements in the ACT, and committed to implement all its recommendations.
In March 2022, the Work Health and Safety (WHS) Commissioner, Jacqueline Agius, engaged Marie Boland to review the current legislative, policy and operational framework used in the ACT to initiate, run, and manage work health and safety prosecutions.
Ms Boland provided the Conduct of Work Health and Safety Prosecutions Review to WorkSafe ACT in June. Ms Agius released the recommendations on 10 July, on the 10-year anniversary of the death of Ben Catanzariti, killed on a worksite at the Kingston Foreshore.
The Review contains 12 recommendations, four of which fall wholly within the remit of WorkSafe ACT.
“The 12 recommendations that have been handed down in the review essentially recommend a hybrid model for the ACT; a hybrid model will consist of a small in-house prosecution team, industrial manslaughter laws going straight to the DPP, and having the ability for the WHS Chief Commissioner to bring prosecutions on behalf of WorkSafe,” Ms Agius said at the time.
This week, Ms Agius said WorkSafe ACT was committed to implementing these recommendations to hold to account those who breach the laws.
“It is time to make positive changes to how we conduct prosecutions for WHS breaches in the ACT,” Ms Agius said. “While we are starting to see sentencing that better reflects the significance of breaches, more should be done by me, by WorkSafe, and by the ACT Government.
“Injured workers, their families, their friends, and the Canberra community are right to expect prompt justice where a duty holder has been negligent. Ms Boland found prosecutions in the ACT can be improved and how this can be achieved. We will make this commitment. We will conduct our investigations and our prosecutions in a way that does not add to the harm already done.
“But this is a shared responsibility, and I look forward to the ACT Government’s response to the Review recommendations, and how we can work together to protect the health and safety of all workers in all workplaces.”
A spokesperson said the ACT Government would closely consider the recommendations and respond in due course.
“The Government is committed to protecting the health and safety of working people,” the spokesperson said.
“Any regulatory reforms would require extensive consultation with agencies across Government. This includes the independent work safety regulator and the tripartite Work Health and Safety Council, which is established under statute to advise on matters such as the effectiveness of the WHS regulations and the performance of the WHS Commissioner.”
