How hotel quarantine case will play out: All you need to know

Why has Victoria’s health department been charged over the botched hotel quarantine program and who could face action? Here’s what you need to know.

Here’s what you need to know about WorkSafe charging Victoria’s Department of Health.

HOW LONG DID THE WORKSAFE INVESTIGATION TAKE?

WorkSafe launched its investigation in June 2020, probing whether departments, security guards, ministers or hotels should be charged for breaches of the Occupational Health and Safety Act.

The 15 month investigation involved reviewing tens of thousands of documents and multiple witness interviews.

WHO HAS LAID THE CHARGES AND WHO HAS BEEN CHARGED?

The Victorian Workcover Authority has laid charges against the Department of Health.

WHO MADE THE DECISION TO CHARGE THE DEPARTMENT OF HEALTH?

The decision to commence a prosecution was made and authorised by Worksafe’s executive director of health and safety under delegated powers, informed by legal advice and recommendations made by Worksafe’s enforcement group.

Returning travellers arrive at a Melbourne quarantine hotel. Picture: NCA NewsWire / Ian Currie

HOW WILL THE COURT CASE RUN? WILL THERE BE HEARINGS?

The case will start in the Magistrates Court at an initial hearing on October 22 which will set out dates for the case to proceed.

Evidence will be tested at a committal hearing during which witnesses may give evidence and be cross-examined by the defence.

If a magistrate determines there is sufficient evidence to proceed to trial, the case will proceed in the County Court.

If there is insufficient evidence, the charges are dismissed and the matter concludes.

The Department of Health could plead guilty to all charges, or some in a plea deal, and avoid a trial.

In this instance it would also face the chance of reduced penalties.

Victoria’s Department of Health is facing 58 charges over alleged safety failings in the state’s bungled hotel quarantine program.

WHAT PENALTIES DOES THE DEPARTMENT OF HEALTH FACE IF FOUND GUILTY?

The maximum penalty for each charge is $1.64 million.

If the Department of Health was convicted of all 58 charges it could face millions of dollars in fines.

However it would not face the maximum penalty for each charge as the court would be bound to impose an aggregate fine in respect of convictions of a similar character.

WHY WON’T THEY FACE TOUGHER CHARGES?

Charges of industrial manslaughter only came into place in Victoria on July 1, 2020. Because the alleged failings of the hotel quarantine program stem from the way it was designed and implemented from March 2020, the department can only face prosecution for the laws that were in place at that time.

WHY HAVEN’T ANY INDIVIDUALS BEEN CHARGED?

WorkSafe alleges that the Department of Health, rather than any specific individual, breached OHS laws by failing to appoint people with infection prevention and control expertise to be stationed at quarantine hotels.

Daniel Andrews gives evidence at the COVID-19 Hotel Quarantine Inquiry.

COULD PREMIER DANIEL ANDREWS OR ANY GOVERNMENT MINISTERS BE JAILED?

No. As the body subject to the charge it will be the Department of Health, if convicted, that is subject to any sentence.

The only penalty that can be applied is a fine.

COULD THE LEGAL ACTION LEAD TO CHARGES FOR DEPARTMENT HEADS, MINISTERS OR THE PREMIER?

Potentially. If evidence of an offence emerged throughout the prosecution, there would be scope for further charges to be laid.