WorkSafe has commenced the first prosecutions under the Work Health and Safety Act 2020 (WA) (WHS Act), which came into effect in March 2022. Details of the prosecutions can be found here.
The commencement of several prosecutions in April 2022 no doubt coincides with the end of the two-year statutory limitation period for WorkSafe to bring charges after a workplace incident has occurred (previously three years under the OSH Act). Wesbeam Pty Ltd and MLG Oz have both been charged with ‘Category 1’ offences arising out of separate incidents that occurred in April 2022. The ‘Category 1’ offence of a PCBU causing “serious harm” carries a maximum penalty of $3.5 million. This is an increase from the old maximum of $2 million for a body corporate under the OSH Act.
It will be interesting to see if more matters proceed to trial under the new legislative regime given the substantially higher maximum penalties involved and if so, what penalties the Magistrates Court hands down at first instance should any of these matters result in a conviction and proceed to sentencing. Magistrates will no doubt take some guidance from comparative interstate appellate authorities dealing with the same provisions; however we will watch closely for the first appeal.
Our WPR team will watch this space and produce regular updates as these first few prosecutions progress through the Court process.
