Information on the sentencing in the matters DPP v Hazelwood Power Corporation Pty Ltd and DPP v Hazelwood Pacific Pty Ltd & Ors.

The sentences in DPP v Hazelwood Pacific Pty Ltd & Ors (“EPA matter”) and DPP v Hazelwood Power Corporation Pty Ltd (“OHS matter”) will be handed down on Tuesday, 19 May in the Supreme Court of Victoria. Both sentences will be live streamed via the Supreme Court’s live stream portal.

DPP v Hazelwood Power Corporation Pty Ltd (“OHS matter”)

On 20 November 2019, a Supreme Court jury found Hazelwood Power Corporation Pty Ltd guilty of breaching sections 21 and 23 of the Occupational Health and Safety Act 2004 (Vic).

Specifically, the jury found the defendant guilty of:

  • five charges of failing to maintain a workplace under the employer’s management and control in a condition that is safe and without risks to health; and
  • five charges of failing to ensure that persons other than employees were not exposed to risks.

DPP v Hazelwood Pacific Pty Ltd & Ors (“EPA matter”)

On 22 July 2019, a Supreme Court jury found each of Hazelwood Pacific Pty Ltd, Australian Power Partners B.V, Hazelwood Churchill Pty Ltd and National Power Australia Investments Limited guilty of breaching section 41 of the Environment Protection Act 1970 (Vic).

Specifically, the four defendants were found guilty of, at Morwell, Victoria, between 9 February 2014 and 25 March 2014, polluting the atmosphere over and nearby to the township of Morwell so that the condition of the atmosphere was so changed as to make, or be reasonably expected to make, the atmosphere:

  • noxious or poisonous or offensive to the senses of human beings
  • harmful or potentially harmful to the health, welfare, safety or property of human beings; and
  • detrimental to any beneficial use made of the atmosphere.

Sentencing and streaming

Justice Andrew Keogh of the Supreme Court of Victoria will hand down the sentence in the OHS matter at 10am on 19 May 2020.

Justice Keogh will then hand down the sentence in the EPA matter at 2.15pm on 19 May 2020.

Both sentences will be live streamed with video via the Supreme Court’s live stream portal.

 

More Supreme Court news.

Published on 18 May 2020