Victoria Introduces Stronger Penalties For Dangerous Goods Offences

Individuals who engage in reckless conduct during the manufacture, transport or storage of dangerous goods could be fined $6.4 million or jailed for up to 10 years, under newly proposed Victorian laws.

The proposed Dangerous Goods Amendment (Penalty Reform) Bill 2019, creates a new ‘reckless conduct’ offence that carries a penalty of up to 10 years prison for individuals, and fines of up to $6.4 million for body corporates, who engage in reckless conduct that places a person in danger of death.

The changes come following the state Labor Government’s review into penalties available under the Dangerous Goods Act, after dangerous waste stockpiles were found in 12 warehouses in Epping, Campbellfield and Craigieburn.

Existing penalties for failing to comply with the Dangerous Goods Act, where someone should have reasonably known their actions would endanger health and safety, property or the environment would also be increased from four to five years imprisonment and from $161,000 to $290,000 in fines for individuals.

Fines for body corporates endangering health and safety would also jump from $806,000 to $3.2 million.

Workplace Safety Minister Jill Hennessy told the ABC that the Dangerous Goods Act was due for an update.

“Much of this conduct potentially endangers people’s lives and that should be reflected in the penalties, in the same way it’s reflected in the crimes for other crimes and occupational health and safety breaches.”

“So we’re lifting the penalties to make sure we’re putting in place a proper deterrent and enabling a better accountability of the people who are potentially endangering the lives of others.”

Fines would also increase for failing to comply with the direction of a WorkSafe Inspector, and for several other offences of failing to carry out duties under the Act.

Earlier this year, the United Firefighters Union called for tough penalties for businesses in the waste industry that flout existing laws and put firefighters at risk.

“It is absolutely unacceptable that firefighters should continue to be unnecessarily exposed to risk which will result in serious injury or death in attending these types of heavy industrial fires where the nature of the risk is unascertainable and arises from fragrant breaches of the law,” the submission says.

“The illegal stockpiling of toxic chemical waste will kill. It has likely already altered the life expectancy of firefighters who have to fight these fires as a result of the illegal activity of unscrupulous persons who seek to profit from the stash and burn business model”

The legislation is set to be introduced later this year.