An opinion expressed by a company director in a police statement that a workplace death was preventable and that the deceased should have been working with another person is admissible as an admission under s 81 of the Evidence Act 2008 (Vic), notwithstanding that the opinion was partly based on hearsay, where the maker has relevant knowledge and expertise. The circumstance that an admission is based on hearsay goes to weight, not admissibility. A $400,000 fine (28% of maximum) for a single OHS breach resulting in death, where the employer had prior OHS convictions and did not plead guilty, is within range.
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