Andrews Must Face the Consequences!

You can’t make this stuff up. The Andrews Government is actually menacing employers about OHS of all things! “We’ll make sure you face the consequences” the WorkSafe television ad threatens, informing us that workplace manslaughter is now a jailable offence. This coming from a government that has presided over the largest OHS catastrophe in Australian history!

On 1 July the Andrews Government introduced a new criminal offence of workplace manslaughter into occupational health and safety laws.

According to WorkSafe Victoria:

The new law aims to prevent workplace death, provide a stronger deterrent for duty holders to comply with their occupational health and safety obligations, and to send a strong message that putting people’s lives at risk in the workplace will not be tolerated.”

If convicted of workplace manslaughter the penalty for an individual is up to 25 years imprisonment. Again, according to WorkSafe Victoria:

These penalties reflect the seriousness of the offence and are designed to help prevent workplace deaths by creating a strong deterrent for organisations and individual officers against breaching their occupational health and safety duties.

What’s good for the goose must be good for the gander. Having set the standard, Dan Andrews must self-report to Victoria Police (on principle). As the head contractor for a hotel quarantine debacle that failed pretty much every OHS rule in the book and those failures resulting in the deaths of well over a hundred Victorians and counting he must “face the consequences“.

It was his government that developed the hotel quarantine system, awarded the contracts without tender, failed to competently oversee the system, and failed to act when breaches of the system were known. Lets consider Andrews performance against aspects of the Act:

Negligent conduct

For the purposes of workplace manslaughter, conduct will be considered ‘negligent’ if it involves:

  • a great falling short of the standard of care that a reasonable person would have taken in the circumstances, and 
  • a high risk of death, serious injury or serious illness.

Negligent conduct also includes a failure to act (an ‘omission’), for example it may include when a person:

  • does not adequately manage, control or supervise its employees, or
  • does not take reasonable action to fix a dangerous situation, where failing to do so causes a high risk of death, serious injury or serious illness.

The test is based on the existing common law test for criminal negligence in Victoria, and is an appropriately high standard considering the significant penalties for the new offence.

MY RESPONSE:

  • Outsourcing a life and death quarantine system to King street bouncers / door bitches falls woefully short a standard of care even a moron would have undertaken in the circumstances. NEGLIGENT.
  • Entrusting an industry not exactly associated with high standards of eduction, zero training in infectious diseases, and not exactly known for its stellar ethics and integrity, was always going to result in a high risk of death or serious injury. NEGLIGENT.
  • The government manifestly failed to manage, control or supervise its outsourced contracts (i.e. being the head contractor) made worse by the fact it entered into contracts without a tender process that should have addressed critical OHS issues, all of which compounded the original negligence of outsourcing quarantine to firms that were unqualified and unsuitable in the first place. NEGLIGENT.
  •  The government was allegedly aware of non-compliant activity and breaches in hotel quarantine arrangements as early as April but manifestly failed to fix the dangerous situation it had enabled through its hopelessly flawed design. NEGLIGENT.

If the Andrews Government was a public company Dan Andrews and his dodgy Ministers would be facing 25 year jail terms under his own legislation. Whats the bet the laws don’t apply to government (politicians or bureaucrats)! What is happening in Victoria is a result of criminal negligence. Dan Andrews: walk the walk and face the consequences you demand of everyone else. Self report today!

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34 Responses to Andrews Must Face the Consequences!

  1. stackja

    Victorian voters keep electing ALP to government expecting a different result.

  2. Lee

    Hear hear

    Ditto.

    Nothing ever sticks to Teflon “Red Shirt” Dan; a very compliant and suck-up media in Victoria doesn’t help.

  3. Exit Stage Right

    The jug eared arsehole will be voted back in a landslide.
    Victorian voters are masochists.

  4. Lee

    The jug eared arsehole will be voted back in a landslide.
    Victorian voters are masochists.

    Not this Victorian voter and his family.
    We have to suffer though.

  5. Tom

    Andrews Must Face the Consequences!

    The ALP has ensured that, no matter how big a disaster a government inflicts on Victoria, fixed four-year terms — introduced by the Bracks government from 2006 — mean there will be no consequences for the Andrew catastrophe before November 26, 2022.

    This means that incompetent governments — especially on financial matters, to which Labor governments are especially prone — are inflicted on the electorate long after the electorate starts demanding the removal of the incompetents.

    Bracks would not have designed his fixed-term legislation without calculating that the ALP would be the primary beneficiary.

    And here we are.

    Bracks has ensured Andrews will reign over his unwilling, angry subjects for at least two years before he is removed by voters — two years for him, with the help of most of the media to wheel out enough Free Stuff for 51% of voters to give him another chance.

  6. miltonf

    Victorian voters keep electing ALP to government expecting a different result.

    You’ve said that before- try and say something interesting. As I said, a wishy washy liberal gov was elected in 2010.

    In regard to those adds, the radio ones are voiced by a neurotic sounding woman who I’m sure would have no hesitation in sending the ‘unsound’ to a gulag.

  7. I have written to the Victorian Governor urging her to dismiss the Andrews Government and call an election.

  8. philby

    Nothing ever sticks to Teflon “Red Shirt” Dan; a very compliant and suck-up media in Victoria doesn’t help.

    Not just the media but a very compliant judiciary and police. The deck is well and truly stacked with socialists.

  9. Zulu Kilo Two Alpha

    Not just the media but a very compliant judiciary and police. The deck is well and truly stacked with socialists.

    Just ask Julia Gilliard.

  10. Rafe Champion

    As miltonf said the last Liberal government was as useless as the Andrews government is rotten. So much for the leadership of “Red Ted”. I forget his full name.

  11. Lee

    You’ve said that before- try and say something interesting. As I said, a wishy washy liberal gov was elected in 2010.

    Baillieu never seemed to have his heart in it, and Napthine wasn’t much better.
    No mongrel at all towards the Labor opposition.
    Since Kennett, the Libs in Victoria have moved further and further left.

  12. the not very bright Marcus

    How and where do we sign up to the class action or go fund me page ?

  13. miltonf

    As I’ve also said, I reluctantly admit that the level crossing removal policy in 2014 was a bit hard to argue against. The Libs in 2018 (?) were MIA.

  14. Paul Ween

    Not going to happen. I stated the above (i.e. gaol for Andrews etc) in comments in the Australian and it was rejected.

  15. Leftard cities and states all over the world have one thing in common ….. Go Woke and all the old folk choke !

  16. egg_

    Untrained Quarantine Security

  17. miltonf

    Yep it’s real Cuomo-Whitmer stuff.

  18. Louis

    Unless an Act states otherwise, it does not bind the Crown.

  19. Tel

    Leftard cities and states all over the world have one thing in common ….. Go Woke and all the old folk choke !

    Anyone still wants to dismiss the idea that at least part of this virus spread is being done deliberately?

    Got any better explanation? I’m listening.

  20. min

    I think it does cover public servants and those in government , however it is not retrospective and started on the 1st July . Therefore the only act of negligence I could find was his refusal “ I will not be told what to do l will make the decisions “ he said at one presser , to take up Scomo’s offer of the ADF . He also had to be pushed to stop elective surgery for a week so patients from Aged care could be moved to hospital . There maybe other instances so please help
    Peta Credlin believes a class action could be taken against the government noticeably though the usual suspects are not out canvassing for clients . Wonder why. Opposition and other Legislative members called for a sitting today Mikakos refused to answer questions,

  21. Spurgeon Monkfish III

    Anyone still wants to dismiss the idea that at least part of this virus spread is being done deliberately?

    Hence Health Hazzard’s exemption for the 400 m00zleys in Auburnon.

    Instant new “infection cluster”, more fear and hysteria (whipped up by an equally stupid obsequious and reprehensible lamestream meeja) and that vile vulture Beryl Gladyschlocklian mandates face nappies, more interminable lockdowns, with no end to the destructive fascist idiocy in sight.

    Seriously, how much longer are people going to put up with this shit?

  22. Squirrel

    “…provide a stronger deterrent for duty holders to comply with their occupational health and safety obligations”

    So who’s the “duty holder” for Dirty Dan’s Highrise Knocking Shop?

  23. Cynic of Ayr

    Well, who would want to own and operate a business in Victoria, when, by the rules, if an employee Truck Driver has an accident, it’s not his fault, but the employer’s fault for something. It doesn’t matter what, it just has to be something.
    All part of The Plan.
    Government takes of businesses. Government can’t be sued.
    Perhaps that’s what most of the comment writers here have missed.
    You can’t sue the Government, or perhaps more to the point, you can’t afford to sue the Government.
    .

  24. Suburban Boy

    Unless an Act states otherwise, it does not bind the Crown.

    Yes, but the relevant Act actually says that it binds the Crown (Occupational Health and Safety Act 2004 (Vic), section 6).

    The real difficulty is the test for liability, section 39F. It is too complicated to go into here, but the short version is that no minister of the Andrews government is going to be found to have the requisite responsibility that gives rise to liability. Justice might say that they (or some of them) are guilty; the law says otherwise.

  25. Lee

    Therefore the only act of negligence I could find was his refusal “ I will not be told what to do l will make the decisions “ he said at one presser …

    Typical Dictator Dan, drunk on power, but will accept absolutely no responsibility or blame.

  26. Professor Fred Lenin

    Wuhan Dan the Chinaman , Has a ring to it , I think its appropriate .

  27. The Sheriff

    Red Ted was in Parliament solely because a proper professional job as an architect was too taxing for Blueblood Baillieu.

    Now someone please convince me that Michael O’Brien, Cindy McLeish, Peter Walsh, and Steph Ryan are any less stupid or left-wing than Andrews.

  28. mundi

    Sorry but this isn’t how OH&S works. Principle contractor has a specific meaning.

    If Dan has contracted out management of a quarantine, the contractor he engaged is the person conducting the business or undertaking, and they have the OHS duties, not Dan.

    Also these rules are going to end up extremely dangerous for so many people.

    Imagine you work in a huge corporation as a tradie. One day they promote you to ‘supervisor’. Someone gets injured. Now the buck can be passed all the way down to you. They will interview the CEO who will said they have done their duty by ensuring there is a functioning safety department. Head of safety will say they did their duty by ensure there is necessary OHS manual in plafce. Your manager will say they done their duty because they instructed you to follow the manual.But the kid who killed himself will be your fault because you failed to ensure your team followed the manual. Oh well, you can think it over during your 25 years in prison.

  29. iamok

    I’d be interested in how my 100+ kindergarten teachers would respond to this. Most of them think I am a total prick for trying to follow the fluid and fluctuating policies that change from person to person and minute to minute. I don’t care if they don’t like me but I can’t keep pulling a magic wand out of my arse all the time to cover govt incompetence and negligence

  30. iamok

    And mundi it will sheet all the way to the top with OHS for good reason in most cases

  31. a reader

    If you want to be sick, read the comments on Dictator Dan’s facebook posts. Victorians are legitimately insane, celebrating empty roads etc!

  32. NoFixedAddress

    Justinian you great gormless twit

    Who said there will be an election in Andrewslandia ever again.

    If you cannot get the Victorian Public Service Government ™ to hold an election right now then you are mere piss and wind.

  33. Old Lefty

    The Victorian Office of Public Prosecutions (principal solicitor Mr John Cain III) retweeted in November 2018, in case the benighted plebs missed it, a gloating tweet from Andrews proclaiming the reelection of a strong government delivering for Victorians. Was that a warning to the recalcitrant?

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