Prosecution

[chook]

Victoria's State Emergency Service (SES) is being prosecuted over the death of a volunteer at Mildura, in the state's north-west, two years ago.

Ronald Hopkins, 54, was involved in a flood boat training exercise with the SES when he went missing in the Murray River near Mildura in May 2007.

His body was found 17 hours later.
SES faces prosecution over volunteer death
An inquest into Mr Hopkins' death by the New South Wales coroner was terminated earlier this year after advice criminal proceedings would be initiated in Victoria.

The Victorian WorkCover Authority is now prosecuting the SES with failing to ensure a person is not exposed to risk and failing to provide a safe working environment.

The matter will come before the Mildura Magistrates Court again next month.

Source ABC News
This is unfortunate but that is why proper training, supervision & accountability is so important! By the way the proposed National OHS laws will protect volunteer officers from prosecution - but not the service itself.
Anyway it makes you think doesn't it?
cheers

[bittenyakka]

very sad and unfortunately will stress the vollies of that unit even more.

However the fact that a service can be prosecuted on a whole is probably a good thing, (epically in this work cover situation) as it will greatly  increase the organizations responsibility to provide a "safe working environment".

edit changed a word

[chook]

Just to clear up a minor point of law - this is a prosecution for a breach of the act, the burden of proof being that SES being guilty of failing to ensure a person is not exposed to risk and failing to provide a safe working environment. This is like criminal law, Workcover has to prove that SES was guilty of the above beyond reasonable doubt. At this stage they are infact innocent - only in NSW OHS law are you guilty & then have to prove otherwise.
Anyone can be sued - as this is a civil matter & the burden of proof is different. The poor mans family could start this action at anytime, it is normal however to wait until after the criminal proceedings - as all of the evidence has been presented to the magistrate & any ambulance chaser can see if the civil case will win for their client.
I've noticed several times that people on this site have used the word sued, rather than prosecuted. Remember under SAOHS/Workers comp laws the right to sue does not exists as it does in Victoria & Vollies are protected under the Fire & Emergency services act against being sued.
Finally though as you said the poor people involved will now have to front the magistrate & the prosecution  will have no understanding of Emergency services work. Hope they have a good legal team.
cheers
 

[bittenyakka]

yeah sorry about that i fixed the wording

[chook]

Yep no worries mate.
cheers & have a good one