Harmonisation first — Sentencing inconsistency afterwards : Down the Federal rabbit hole of the model Work Health and Safety Act 2011

Journal article


Cvetkovski, Trajce. (2021). Harmonisation first — Sentencing inconsistency afterwards : Down the Federal rabbit hole of the model Work Health and Safety Act 2011. Australian Journal of Labour Law. 34(3), pp. 200-234.
AuthorsCvetkovski, Trajce
Abstract

The object of harmonised work, health and safety legislation is to provide balanced and consistent outcomes. Despite this purpose, sentencing outcomes for significant prosecutions have become inconsistent. This article critically analyses the extent to which inconsistency exists. It presents data for the past 5 years concerning monetary penalties ordered against corporate offenders for the most significant type of prosecutorial activity. The discussion that follows identifies and assesses key differences in the seven penalties and sentences laws that apply respectively to the harmonised scheme. A key theme to emerge is that sentencing processes are not harmonised. However, remedying current inconsistencies could be achieved by the adoption of sentencing guidelines for the promotion of consistency for monetary penalties.

Year2021
JournalAustralian Journal of Labour Law
Journal citation34 (3), pp. 200-234
PublisherLexisNexis
ISSN1030-7222
Web address (URL)https://advance.lexis.com/api/permalink/e31ca24c-7844-4ef4-aae4-f2f74713c288/?context=1201008&federationidp=9QNBBC37542
Research or scholarlyResearch
Page range200-234
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online2021
Publication process dates
Deposited02 Aug 2022
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