The gravity of an offence under the Occupational Health and Safety Act 2004 (Vic) is to be measured by the extent of the departure from the duty owed, the extent of the risk to health and safety created, and the likelihood of particular harm resulting — not by whether death or injury actually occurred. A non-fatal breach may therefore attract a sentence comparable to or exceeding that imposed for a fatal breach where the employer's culpability is very high. Knowing override of safety features, disregard of prior regulatory intervention, and failure to act after prior injuries are powerful aggravating factors warranting strong specific and general deterrence.
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