Where a prosecution occurs, in the vast majority of cases it simply involves a failure to take all practicable steps to achieve a safe workplace and the offender is liable to a fine of up to $250,000.

The Court will decide, having regard to all the circumstances of the particular case, just where on that scale the fine will be set.

The Court does that by looking at a range of things but in particular:

• What ability does the offender realistically have to pay a fine?
• What harm was caused by the offending?
• What is the safety record of the offender?
• What has been the attitude of the offender since the offending (eg, guilty plea? remorse? co-operation? corrective action?)?

The Court cannot order that any of the fine be paid to a victim. The fine goes to the Government. But the Court must look separately at whether any victim should receive reparation for emotional harm or consequential loss. Reparation cannot be paid for physical harm.