As I reported for The BFD last year, Victorian premier Daniel Andrews’s attempt to whitewash away his hotel quarantine disaster with the Coate Inquiry was surely not going to be the end of investigations into the affair. In a supremely fitting irony, the very “industrial manslaughter” laws brought in by Victorian Labor could be used against him. All it needed was someone with deep enough pockets to get a good lawyer onto the case and force an investigation and prosecution.
Well, well, well, look what’s happened…
Developments late last week confirm that the Victorian government — including Premier Daniel Andrews — is under investigation for indictable criminal offences. The investigation by WorkSafe Victoria relates to the failed hotel quarantine program of 2020 and alleged breaches of health and safety laws. In September last year, Self Employed Australia wrote to WorkSafe. We issued requests for prosecutions to be brought against the Victorian government and several individuals over the hotel quarantine program that resulted in alleged 801 deaths from Covid-19 last year.
Under the “industrial manslaughter” laws first brought in by former Labor premier Steve Bracks, then expanded by Daniel Andrews, WorkSafe has wide powers to investigate and criminally prosecute employers – including the government – for failing to provide a safe workplace.
The laws were a sop to Labor’s union cronies, designed to “get” bosses, who no longer had to be directly responsible for any incident that led to injury or loss of life, just in charge of the workplace.
The laws also allow a private citizen to request an investigation. Which is exactly what Ken Phillips of Self-Employed Australia has done.
Our key letter of 29 September 2020 uses section 131 of the Occupational Health and Safety Act.
That Section requires WorkSafe to investigate alleged work safety breaches when requested.
In our letter of 29 September, we identified 142 breaches of the work safety laws. All 142 offences we identified are indictable criminal offences.
We named 20 individuals and 6 entities as requiring investigation.
This includes the Premier and three ministers, the Chief Health Officer and 15 other heads of departments/agencies, the State of Victoria and four departments/agencies and Victorian Trades Hall Council.
Of course, like most such quangos, WorkSafe has been put in the pocket of the left – its chief is yet another Labor appointment – but the very provisions that Bracks and then Andrews put in place to make sure that they would “get the bosses” are coming back to bite, badly.
Once an investigation begins, not only does WorkSafe have far stronger investigative powers than the Coate inquiry, but if it declines to prosecute, then the CEO must explain in detail why not. As well, individuals can then ask the Director of Public Prosecutions to prosecute – and again, the DPP must explain in full any failure to do so.
Late last week, on March 4, we received a letter from WorkSafe Victoria confirming again that WorkSafe is investigating breaches of work health and safety laws related to the hotel quarantine program. This is significant. Here are the core facts.
The WorkSafe letter says, “I refer to your request for WorkSafe Victoria to bring prosecutions against various individuals and entities associated with the Covid-19 Hotel Quarantine Program. Please be advised that Worksafe’s investigation is still ongoing.”
This is the clearest confirmation from WorkSafe of an investigation. Further, it confirms that the investigation is occurring because of our correspondence to WorkSafe[…]
The significance of the WorkSafe letter of 4 March is that it confirms that the named individuals and entities are being investigated for indictable criminal offences under the Occupational Health and Safety Act[…]
Neither Self Employed Australia nor The Spectator Australia is suggesting that because an “individuals and entities” investigation is underway that the politicians and public servants are guilty.
We shall continue to pursue this vital issue. It is important that in a just and fair society where the rule of law applies, that no–one is above the law, including the government. 801 deaths cannot be ignored or forgotten and must be investigated to ensure that all Victorians and Australians are kept safe.
Spectator Australia
Andrews has painted himself into a corner, with the help of his old boss Bracks.
One way or another, the truth about hotel quarantine is going to come out.
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