May 1st 2024.
The top safety watchdog in Victoria expressed their disappointment after all charges against the Department of Health were dropped in regards to the state's hotel quarantine program. It was a blow to the watchdog, who had charged the department with 58 alleged breaches in 2021 for their handling of the initial COVID-19 hotel quarantine program in 2020.
This morning, Health Minister Mary-Anne Thomas confirmed that the Director of Public Prosecutions had dropped the charges against the department. It was a surprising turn of events, as WorkSafe had accused the Department of Health of violating Occupational Health and Safety laws by not appointing individuals with infection prevention and control expertise at quarantine hotels. They also alleged 17 breaches of occupational health and safety for failing to provide a safe working environment for employees, and 41 breaches for not ensuring the safety of non-employees.
The investigation into these allegations was a complex one, taking 15 months to complete. It involved sifting through tens of thousands of documents and conducting multiple witness interviews. However, last month, a pre-trial ruling deemed the evidence of 10 witnesses inadmissible. These witnesses were agents or employees of the Department of Health who had also submitted statements to an inquiry into the hotel quarantine. According to an Office of Public Prosecutions spokesperson, evidence produced for an inquiry cannot be used in other proceedings.
The spokesperson explained, "The Court ruled that these witnesses had provided statements to the Inquiry on behalf of the Department. Therefore, the evidence from those statements was not admissible in this criminal proceeding. This greatly weakened the prosecution's case." As a result, it was determined that there were not reasonable prospects of conviction for the charges against the department, leading to their dismissal.
The charges were dropped yesterday, causing disappointment for WorkSafe. In a statement, a WorkSafe spokesperson expressed their disappointment with the decision to discontinue criminal proceedings against the department. As an independent regulator, WorkSafe is committed to enforcing the highest standards of health and safety for workers and the community.
This turn of events was a setback for the watchdog, who had hoped for a fair and just outcome. However, they will continue to strive for the safety and well-being of all workers and the community they serve.
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