WorkCover, the Office of the Director of Public Prosecutions (ODPP) and the Police recently agreed on a protocol for handling and investigating workplace fatalities and serious injuries within NSW
WORKCOVER, the Office of the Director of Public Prosecutions (ODPP) and NSW Police recently agreed on a protocol for handling and investigating workplace fatalities and serious injuries within NSW.
The NSW Government set up a ministerial taskforce in October last year, with the aim of establishing clear guidelines on such a protocol.
Minister for Commerce John Della Bosca said the protocol sets out the roles each of the agencies will play in the investigation, evidence gathering and prosecution of offences arising out of deaths or serious injuries in the workplace.
Under the guidelines, WorkCover and the police will investigate the circumstances of the fatality or incident to establish whether or not prosecution is in order. WorkCover will investigate OHS issues, and where there is evidence of criminal conduct, police will undertake an investigation.
Where a death occurs in the workplace, WorkCover and the police are responsible for passing a brief of evidence and any other relevant material to the coroner, who will decide whether or not an inquest should be held.
The guidelines also recommend that families of the deceased or victim should be kept informed of the progress of any investigations and subsequent prosecutions.
The protocol was signed recently by Della Bosca, NSW Attorney-General Bob Debus, NSW Police Minister John Watkins and NSW Director of Public Prosecutions Nicholas Cowdery.
“By establishing this protocol, the Government has delivered on its commitment to put in place measures to refine the process for prosecuting work-related fatalities,” Della Bosca said.
The guidelines combine related previous policies into one document, and are available from the NSW WorkCover Authority website.
