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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-11-10 Daily Xml
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CRIMINAL LAW (SENTENCING) (SENTENCING POWERS OF MAGISTRATES COURT) AMENDMENT BILL

Introduction and First Reading

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Industrial Relations, Minister Assisting the Premier in Public Sector Management) (20:26): Obtained leave and introduced a bill for an act to amend the Criminal Law (Sentencing) Act 1988. Read a first time.

Second Reading

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Industrial Relations, Minister Assisting the Premier in Public Sector Management) (20:26): I move:

That this bill be now read a second time.

In 2006, the Rann Labor government introduced legislative reforms that increased the penalty levels for breaches of the Occupational Health, Safety and Welfare Act 1986. These amendments came into force on 1 January 2008. They reflected recommendations of the SafeWork SA Advisory Committee made after a broad review of occupational health, safety and welfare penalties, which involved representatives of employers, workers and the government.

Today I introduce into this house a bill which supplements and is consequential to the 2008 reforms and which ensures the efficient administration of occupational health, safety and welfare matters in the South Australian court system. The key changes proposed in this bill are:

it allows industrial magistrates to impose penalties of up to $300,000 when hearing criminal offences under the Occupational Health, Safety and Welfare Act; and

it ensures that industrial magistrates have the capacity to impose up to $300,000 fines for offences committed after the penalty increases in 2008 but before the passing of this bill.

These are important administrative and procedural changes that supplement the 2008 increases to penalty levels in the Occupational Health, Safety and Welfare Act. Under the penalty regime that became effective in 2008, Division 1 corporate offences have a maximum penalty of $600,000, and Division 2 corporate offences have a maximum penalty of $300,000. The vast majority of convictions under the Occupational Health, Safety and Welfare Act are Division 2 corporate offences attracting a maximum penalty of $300,000.

For a number of years, industrial magistrates have heard the majority of occupational health, safety and welfare cases in South Australia. During this time, they have developed the skill and experience required to deal with these matters. The current sentencing limit for industrial magistrates is $150,000.

With the introduction of this bill, industrial magistrates will be able to hear and sentence in relation to all Division 2 offences providing consistency for the court system, as well as for employers and employees. It should be recognised that the penalties apply only when there has been a criminal conviction where a corporation has failed to provide a safe working environment for employees and other persons engaged at the workplace.

If the sentencing capacity of industrial magistrates is not increased, OHS matters that might attract a penalty fine over $150,000 would need to be conducted in the District Court. The District Court already has a large number of cases to deal with. Prosecuting occupational health, safety and welfare cases in the District Court would be considerably more time consuming for all parties concerned. If any party disputes the decision of an industrial magistrate, the option to initiate an appeal to a higher court remains available.

The bill that I am introducing today will provide consistency and significant case management advantages for the South Australian court system into the future. The proposed amendments to the Criminal Law Sentencing Act 1988 were released for public comment on 24 December 2008, and, in the period up to 13 March 2009, 35 submissions were received from employer organisations, trade union organisations and individuals.

The government recognises the important contribution made by all organisations and individuals who engage in the consultative process. The collaborative approach is testimony to the capacity of all stakeholders and demonstrates that a cooperative approach is the best way to achieve fair and effective changes to occupational health, safety and welfare legislation. This bill plays an important role in ensuring the effective administration of occupational health, safety and welfare legislation. It delivers consistency to the administration of occupational health, safety and welfare offences and provides flexibility for the courts as we move to a national system of work health safety legislation.

I commend the bill to members and seek leave to have the explanation of clauses incorporated into Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Criminal Law (Sentencing) Act 1988

4—Amendment of section 19—Limitations on sentencing powers of Magistrates Court

This clause increases the maximum fine that an industrial magistrate can impose for an offence under the Occupational Health, Safety and Welfare Act 1986 from $150,000 to $300,000.

Debate adjourned on motion of Hon. J.M.A. Lensink.

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