Occupational Health and Safety, Courts and Crime: The Legal Construction of Occupational Health and Safety Offences in Victoria

摘要: This book reports on an empirically-based study of the manner in which Magistrates' Courts Victoria, construct occupational health and safety (OHS) issues when hearing prosecutions for offences under Victorian OHS legislation. Prosecution has always been a controversial element enforcement armoury regulators, but at same time it long argued that low level fines imposed by courts had important chilling effect inspectorate's approaches, impact legislation. Using range empirical research methods, including three samples carried out Courts, Professor Johnstone shows how courts, inspectors, prosecutors defence counsel are involved filtering or reshaping during prosecution process, both pre-trial court. He argues constructed focusing "events", most cases incidents resulting injury death. "event-focus" ensures attention parties is drawn to details incident, away from broader context event. During court-based sentencing process able adopt techniques isolate incident its micro macro contexts, thereby individualising decontextualising incident.