Glenn Barr


Barrister

Admitted:
7 Apr 1999
Bar:
10 May 2018
Location:
Room 1810, Castan Chambers,
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Glenn accepts briefs in quasi-criminal and regulatory prosecutitons (OHS, EPA, NHVR, Building and planning etc) and criminal law proceedings (particularly white collar crime), predominantly as defence counsel. 

    Glenn has particular interests in regulatory criminal law, the laws of evidence, criminal procedure, sentencing and advocacy. 

    • He implemented the Evidence Act 2008 and Criminal Procedure Act 2009 in 2009 and 2010 along with Chris Beale (now Justice Beale) as well as co-publishing LIJ articles on evidence law. 
    • Whilst at the Bar, he assisted Andrew Palmer SC (his mentor) with the update of Chapter 14 (Privileges, including Public Interest Immunity) and Chapter 15 (Client Legal Privilege) of the textbook: Gans, Palmer and Roberts, Uniform Evidence, Oxford University Press (3rd ed) 2019.
    • He co-wrote two chapters on EPA and OHS investigations/prosecutions, published in Foley's List's "A defence practitioner's guide to criminal law", 2nd edition, 2023.
    • He has also undertaken an advanced advocacy instructor course and is an Accredited Advocacy Instructor.

     

    Since coming to the Bar, Glenn has been briefed to act in a variety of regulatory, criminal and quasi-criminal law matters (both at the investigative and prosecution stages) including the following:

    • Regulatory matters on behalf of both corporate defendants and government agencies, with a particular emphasis on EPA, OHS, Building and NHVR prosectutions;
    • Public interest immunity cases on behalf of Victoria Police (including in the Supreme Court). 
    • Criminal matters on behalf of both defendants and prosecuting agencies, including judicial reviews and other appeals to the Supreme Court and Court of Appeal.  This includes commercial crime matters, such as Director's Duties breaches (including being led by Garry Livermore KC on behalf of a CEO/Company Secretary in a s.184(1) prosecution which resulted in the withdrawal of charges pre-trial in the County Court after successfully arguing that there was no relevant duty as asserted by the prosecution - see View the full media release)
    • Advice matters, including to government departments and agencies as well as representative associations during the investigative stage in relation to possible contraventions.
    • Development and updating of Manuals/Training for government and prosecutorial agencies.

     

    Examples of regulatory matters in which Glenn has acted for both the prosecution and defendants (both corporate and individuals) include the following:

    NHVR prosecutions

    • Appeared (unled) on behalf of a company that was the first consignor to be prosecuted for a breach of the new Chain of Responsibility positive duties.  The matter proceeded as a plea of guilty to 1 charge, contrary to s 26G of the Heavy Vehicle National Law (2013) which has a maximum penalty of $1.682 million and no jurisdictional maximum penalty. The company [Big River Group] was sentenced to a with conviction fine of $75,000.
    • Court outcomes | NHVR [Victoria, 21 April 2023, Consignor AS 2944]

     

    Building/planning

    • Appeared (unled) on behalf of a company that was prosecuted for being in occupation of a builting without a current occupancy permit, contrary to s.40(1) of the Building Act 1993.  The matter proceeded as a plea of guilty to 1 charge.  With a maximum penalty of $110k, the company [Dreamlizer Pty Ltd] was sentenced to a without conviction adjourned undertaking of 6 months.

     

    OHS

    • Appeared (led) on behalf of a construction business upon a re-tiral.  The company faced 2 charges on indictment of failing to ensure non-employees were not exposed to risks to health and safety (s.23) and failing to ensure workplace under its management or control did not expose others to such risks (s.26).  The offences arose from a fall from height by sub-contractors during the construction of townhouses which resulted in a fatality.  With a maximum penalty of approx $1.4m, the company was originally sentenced to a fine of $850,000 with conviction upon a plea of guilty to 1 charge (contrary to s.21).  The conviction and sentence was overturned on appeal.  Upon a new plea and sentence (to 1 charge contrary to s.23) the company was re-sentenced to a fine of $420,000 with conviction.
    • Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria [Seascape Constructions] 

     

    • Appeared (unled) on behalf of an masonry business that worked with engineered stone that was issued with 5 charges arising from the risks of silica exposure in the conduct of their business.   A plea of guilty to 1 rolled-up charges was negotiated.  With a jursidictional maximum penalty of approx $410,000, a without conviction fine of $5,000 was imposed.
    • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe  [AR Marble]

     

     

    • Appeared (led) on behalf of a logistics company issued with 4 charges in the indictable stream relating to the storage of dangerous goods contrary to s.31(1)(a) of the DG Act.   A a plea of guilty of 1 rolled-up charge and summary jurisdiction was negotiated.  With a jursidictional maximum penalty of approx $400,000, a sentence of $25,000 without conviction was imposed.
    • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe  [Crossroads Logistics]

     

    • Appeared (unled) on behalf of WorkSafe Victoria in relation to an labour hire company (Chandler Services) that entered a plea of guilty to 1 charge of failing to have a safe system of work (ss.21(1)& (2)(a)).   An employee was placed at a bakery and had a finger amputated while removing bread from a conveyor belt at a pinch point.  The defendant was sentenced to a without conviction fine of $7,000 plus costs. 
    • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe [Chandler Services]

     

    • Appeared (unled) on behalf a developer (Oxha Nominees) that entered a plea of guilty to charge contrary to section 26(1) involving 2 offences.  Two plumbing subcontractors were laying pipe in a trench when it collapsed in circumstances in which the trench was only partially protected with trench shields and had no fall protection.    With a jurisdictional maximum penalty of approx $800,000, the defendant was sentenced to a without conviction fine of $25,000 plus costs. 
    • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe [Oxha Nominees]

     

    • Appeared (unled) on behalf of WorkSafe Victoria in relation to an individual (Nelson) that entered a plea of guilty to 1 charge of being a self-employed person who exposed another to risks to health and safety.   The Accused (a painter) engaged another sub-contractor as a painter and the sub-contractor fell through the skylight of a shed roof from 5.5 metres causing serious injuries. The defendant was sentenced with conviction to a fine of $40,000 plus costs.  
    • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe  [Nelson]

     

    • Appeared (unled) on behalf of a labour hire company (Tristaff Recruitment) that entered a plea of guilty to 1 charge of failing to have a safe system of work (ss.21(1)& (2)(a)).   An employee was placed in a workplace which manufactured Chinese appetizers and had his hand caught in a vegetable dicer.  It took more than 2 hours to free the employee and resulted in one of his fingers being amputated.    With a jurisdictional maximum penalty of approximately $400,000 the defendant was sentenced to a without conviction fine of $20,000 plus costs.  The co-offender (Makur Enterprises) was convicted and fined $90,000 plus costs.

    • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe [Tristaff Recruitement]

     

    • Appeared (unled) on behalf of a company that supplies, services and installs evaporative, refrigerated and split system air conditioning systems.   The company pleaded guilty to 3 offences, rolled-up into 2 charges, contrary to ss.21(1)& (2)(a) and 21(1)&(2)(e).   An apprentice fell from a 4 metre high roof whilst installing an evaporative cooler with no fall protection.   With an overall total maximum penalty of $792,850, the company was sentenced to a without conviction good behaviour bond to contribute $15,000 plus costs.
    • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe  [Air Synergy]

     

    • Appeared (unled) on behalf of a company that owns a bottling and packing plant which pleaded guilty to 7 OHS charges arising from 2 separate incidents. The company was issued 4 improvement notices relating to unguarded machinery which were not complied with (charges 1-4, unsafe systems of work).  Approximately 9 months later an employees suffered serious injuries as a result of being trapped in a separate machine, the workplace was not preserved and WorkSafe were not notified of the incident (charges 5-7).  With a total jurisdictional maximum fine of $2.4 million, the company was sentenced to pay a fine of $80,000 with conviction and costs of $6,866 were ordered.
    • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe [Taylor Ferguson]

     

    • Appeared (unled) on behalf of WorkSafe Victoria in relation to a number of breaches by a principal contractor (ADGR Realty) relating to risks of fall from height and other matters.  With a total jurisdictional maximum penalty of approximately $1.2 million, the defendant was sentenced to a fine of $16,100 with conviction plus costs.
    • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe [ADGR Realty] 

     

    • Appeared (unled) on behalf of an electrician who was charged as an individual employer in relation to two OH&S charges contrary to ss.21(1)& (2)(a) (charge 1) and 21(1)&(2)(e) (charge 2).   A third-year apprentice suffered significant flash burn injuries (to his arms and face) whilst working on a live switchboard and not being directly supervised. After successfully negotiating the withdrawal of charge 1 and negotiating a limited factual culpability in relation to charge 2, the matter proceeded as a plea of guilty.  With a jurisdictional maximum penalty of $79,000, the defendant was sentenced to a without conviction fine of $12,000 plus costs.
    • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe [Cicchelli]

     

    Environmental 

    • Appeared (unled) on behalf of the Director of a recycling company issued with 12 charges along with a co-director and the company, contrary to s.66B and ss.31A(7) and 62A(3A) for failing to comply with EPA notices.  Negotiated a plea to 4 rolled-up charges (12 offences) and the withdrawal of charges.  With a maximum penalty of approximately $400,000 per charge ($1.6m in total), the defendant was sentenced without conviction to an adjourned undertaking for 12 months.

    • Manhari International Pty Ltd (ACN: 125 463 354) | Environment Protection Authority Victoria (epa.vic.gov.au)

    • Appeared (unled) on behalf of a Landfill Operator issued with 7 charges of breaching its licence conditions, contrary to s.27(2) Environment Protection Act 1970 .  Negotiated a plea of guilty to 2 rolled-up charges (5 offences) and the withdrawal of 5 charges.  With a maximum penalty of approximately $400,000 per charge, the defendant was sentenced without conviction to a fine of $20,000 plus costs and ordered to publish the outcome of the proceedings. 
    • https://www.epa.vic.gov.au/about-epa/news-media-and-updates/media-releases-and-news/fine-for-melbourne-regional-landfill

     

    • Appeared (unled) on behalf of a flower grower and an employee who both pleaded guilty charges arising from the use of fumigant.  The offences related to the use of a fumigant which affected the surrounding neighbours, resulting in emergency services attending and several people hospitalised.  The company pleaded guilty to charges of pollluting the atmosphere controary to s.41(1) of the EP Act.  With a maximum penalty of approx $800,000 for the two offences, the company was sentenced to pay a $70,000 fine without conviction.  The employee pleaded guilty to 1 charge of failing to comply with the label instructions contrary to s.19(4)(a) of the Agvet Act and was fined $5,000 without conviction.  
    • Court penalty over Torquay pesticide incident | Environment Protection Authority Victoria (epa.vic.gov.au)

     

    • Appeared (unled) on behalf of a water authority which pleaded guilty to 10 offences rolled-up into 5 charges , including polluting waters, causing an environmental hazard contrary and licence breaches.  The offences related to the discharge of water into a local river over a 2-week periof oustide of what was permitted by its licence.   With a jurisdictional maximum penalty of $1,934,280, the defendant was placed on a good behaviour bond for 2 years with conviction, ordered to contribute $150,000 to an environmental project (s.67AC) and publish the outcome of the proceedings in 2 newspapers.
    • EPA charges lead to $150k rehabilitation project by Coliban Water | Environment Protection Authority Victoria

     

    • Appeared (unled) on behalf of a water authority which pleaded guilty to 1 charge of causing an environmental hazard contrary to s.27A(1)(c) with a further charge withdrawn.  A sewerage pipe failed causing 2 million litres to escape over nearby land and into the Werribee river over a number of days.  With a jurisdictional maximum penalty of $380,000 and a previous conviction and previous enforceable undertaking, the defendant was ordered to contribute $115,000 to an environmental project (s.67AC) without conviction.  
    • https://www.epa.vic.gov.au/about-epa/news-media-and-updates/news-and-upd...

     

    • Appeared (unled) on behalf of a group of 4 related transport/construction companies in relation to 48 environmental charges of transporting waste without a permit with a further 48 charges against a company director.  After successfully negotiating the withdrawal of all charges against the company director as well as 44 charges against the companies, the matter proceeded as a plea of guilty to 4 rolled up charges (1 per company).  With a total maximum penalty of $1.417 million ($354k per company) each company was sentenced to a without conviction fine of $10,000 ($40,000 in total) (plus a proportionate amount of costs with a co-accused).
    • [ https://www.epa.vic.gov.au/about-epa/news-media-and-updates/news-and-upd... ]

     

    • Appeared (unled) on behalf of a major energy producer in relation to 4 environmental charges of breaching licence conditions with a total maximum penalty of $1.45 million.  Upon pleas of guilty, the company was sentenced to a without conviction fine of $21,000 (plus costs).  EPA applications for publication orders in national and state newspapers (at the company's cost) pursuant to s.67AC Environmental Protection Act 1970  were successfully opposed, with the publication order limited to the local newspapers. 

    • VIVA Energy Refining Pty Ltd (ACN: 004 303 842) | Environment Protection Authority Victoria (epa.vic.gov.au)

     

    • Appeared (led by O.P. Holdenson QC) on behalf of ResourceCo along with Nicholas Tweedie SC on behalf of one of the directors, in relation to 4 environmental charges with a maximum available fine of $894,853. After successfully negotiating the withdrawal of all charges against the company director as well as 1 of the charges against ResourceCo, the matter proceeded as a plea of guilty to 1 charge. ResourceCo was sentenced to a with conviction fine of $150,000 plus $75,000 costs and publication orders were made pursuant to s.67AC Environmental Protection Act 1970 .

    • ResourceCo Pty Ltd | Environment Protection Authority Victoria (epa.vic.gov.au)

         

        Prior to coming to the Bar, Glenn had more than 15 years’ experience working for the Office of Public Prosecutions, Worksafe Victoria (secondment) and Crown Counsel (Advisings)/Department of Justice and Regulation. 

        • He occupied a number of senior roles including managing all criminal appeals in Victoria, which involved providing advice on complex legal and legislative policy matters. 
        • He appeared in approximately 15 matters (led) in the Court of Appeal and had involvement in key cases involving the Charter of Human Rights and Responsibilities Act 2006, including the leading case of Momcilovic v The Queen (2011) 245 CLR 1.
        • His regulatory experience includes providing advice, and conducting prosecutions, in relation to highly sensitive regulation and enforcement matters at WorkSafe Victoria.

         

        Glenn read with Andrew Palmer SC and his Senior Mentor is Paul Holdenson QC.

        * Liability limited by a scheme approved under Professional Standards Legislation

        Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

        AREAS OF PRACTICE

        Appellate
        Common Law
        Criminal Law
        Environmental Law & Planning Law
        Inquests, Inquiries, Tribunals & Commissions
        Public Law & Administrative Law
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        Profile1

        Glenn accepts briefs in quasi-criminal and regulatory prosecutitons (OHS, EPA, NHVR, Building and planning etc) and criminal law proceedings (particularly white collar crime), predominantly as defence counsel. 

          Glenn has particular interests in regulatory criminal law, the laws of evidence, criminal procedure, sentencing and advocacy. 

          • He implemented the Evidence Act 2008 and Criminal Procedure Act 2009 in 2009 and 2010 along with Chris Beale (now Justice Beale) as well as co-publishing LIJ articles on evidence law. 
          • Whilst at the Bar, he assisted Andrew Palmer SC (his mentor) with the update of Chapter 14 (Privileges, including Public Interest Immunity) and Chapter 15 (Client Legal Privilege) of the textbook: Gans, Palmer and Roberts, Uniform Evidence, Oxford University Press (3rd ed) 2019.
          • He co-wrote two chapters on EPA and OHS investigations/prosecutions, published in Foley's List's "A defence practitioner's guide to criminal law", 2nd edition, 2023.
          • He has also undertaken an advanced advocacy instructor course and is an Accredited Advocacy Instructor.

           

          Since coming to the Bar, Glenn has been briefed to act in a variety of regulatory, criminal and quasi-criminal law matters (both at the investigative and prosecution stages) including the following:

          • Regulatory matters on behalf of both corporate defendants and government agencies, with a particular emphasis on EPA, OHS, Building and NHVR prosectutions;
          • Public interest immunity cases on behalf of Victoria Police (including in the Supreme Court). 
          • Criminal matters on behalf of both defendants and prosecuting agencies, including judicial reviews and other appeals to the Supreme Court and Court of Appeal.  This includes commercial crime matters, such as Director's Duties breaches (including being led by Garry Livermore KC on behalf of a CEO/Company Secretary in a s.184(1) prosecution which resulted in the withdrawal of charges pre-trial in the County Court after successfully arguing that there was no relevant duty as asserted by the prosecution - see View the full media release)
          • Advice matters, including to government departments and agencies as well as representative associations during the investigative stage in relation to possible contraventions.
          • Development and updating of Manuals/Training for government and prosecutorial agencies.

           

          Examples of regulatory matters in which Glenn has acted for both the prosecution and defendants (both corporate and individuals) include the following:

          NHVR prosecutions

          • Appeared (unled) on behalf of a company that was the first consignor to be prosecuted for a breach of the new Chain of Responsibility positive duties.  The matter proceeded as a plea of guilty to 1 charge, contrary to s 26G of the Heavy Vehicle National Law (2013) which has a maximum penalty of $1.682 million and no jurisdictional maximum penalty. The company [Big River Group] was sentenced to a with conviction fine of $75,000.
          • Court outcomes | NHVR [Victoria, 21 April 2023, Consignor AS 2944]

           

          Building/planning

          • Appeared (unled) on behalf of a company that was prosecuted for being in occupation of a builting without a current occupancy permit, contrary to s.40(1) of the Building Act 1993.  The matter proceeded as a plea of guilty to 1 charge.  With a maximum penalty of $110k, the company [Dreamlizer Pty Ltd] was sentenced to a without conviction adjourned undertaking of 6 months.

           

          OHS

          • Appeared (led) on behalf of a construction business upon a re-tiral.  The company faced 2 charges on indictment of failing to ensure non-employees were not exposed to risks to health and safety (s.23) and failing to ensure workplace under its management or control did not expose others to such risks (s.26).  The offences arose from a fall from height by sub-contractors during the construction of townhouses which resulted in a fatality.  With a maximum penalty of approx $1.4m, the company was originally sentenced to a fine of $850,000 with conviction upon a plea of guilty to 1 charge (contrary to s.21).  The conviction and sentence was overturned on appeal.  Upon a new plea and sentence (to 1 charge contrary to s.23) the company was re-sentenced to a fine of $420,000 with conviction.
          • Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria [Seascape Constructions] 

           

          • Appeared (unled) on behalf of an masonry business that worked with engineered stone that was issued with 5 charges arising from the risks of silica exposure in the conduct of their business.   A plea of guilty to 1 rolled-up charges was negotiated.  With a jursidictional maximum penalty of approx $410,000, a without conviction fine of $5,000 was imposed.
          • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe  [AR Marble]

           

           

          • Appeared (led) on behalf of a logistics company issued with 4 charges in the indictable stream relating to the storage of dangerous goods contrary to s.31(1)(a) of the DG Act.   A a plea of guilty of 1 rolled-up charge and summary jurisdiction was negotiated.  With a jursidictional maximum penalty of approx $400,000, a sentence of $25,000 without conviction was imposed.
          • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe  [Crossroads Logistics]

           

          • Appeared (unled) on behalf of WorkSafe Victoria in relation to an labour hire company (Chandler Services) that entered a plea of guilty to 1 charge of failing to have a safe system of work (ss.21(1)& (2)(a)).   An employee was placed at a bakery and had a finger amputated while removing bread from a conveyor belt at a pinch point.  The defendant was sentenced to a without conviction fine of $7,000 plus costs. 
          • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe [Chandler Services]

           

          • Appeared (unled) on behalf a developer (Oxha Nominees) that entered a plea of guilty to charge contrary to section 26(1) involving 2 offences.  Two plumbing subcontractors were laying pipe in a trench when it collapsed in circumstances in which the trench was only partially protected with trench shields and had no fall protection.    With a jurisdictional maximum penalty of approx $800,000, the defendant was sentenced to a without conviction fine of $25,000 plus costs. 
          • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe [Oxha Nominees]

           

          • Appeared (unled) on behalf of WorkSafe Victoria in relation to an individual (Nelson) that entered a plea of guilty to 1 charge of being a self-employed person who exposed another to risks to health and safety.   The Accused (a painter) engaged another sub-contractor as a painter and the sub-contractor fell through the skylight of a shed roof from 5.5 metres causing serious injuries. The defendant was sentenced with conviction to a fine of $40,000 plus costs.  
          • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe  [Nelson]

           

          • Appeared (unled) on behalf of a labour hire company (Tristaff Recruitment) that entered a plea of guilty to 1 charge of failing to have a safe system of work (ss.21(1)& (2)(a)).   An employee was placed in a workplace which manufactured Chinese appetizers and had his hand caught in a vegetable dicer.  It took more than 2 hours to free the employee and resulted in one of his fingers being amputated.    With a jurisdictional maximum penalty of approximately $400,000 the defendant was sentenced to a without conviction fine of $20,000 plus costs.  The co-offender (Makur Enterprises) was convicted and fined $90,000 plus costs.

          • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe [Tristaff Recruitement]

           

          • Appeared (unled) on behalf of a company that supplies, services and installs evaporative, refrigerated and split system air conditioning systems.   The company pleaded guilty to 3 offences, rolled-up into 2 charges, contrary to ss.21(1)& (2)(a) and 21(1)&(2)(e).   An apprentice fell from a 4 metre high roof whilst installing an evaporative cooler with no fall protection.   With an overall total maximum penalty of $792,850, the company was sentenced to a without conviction good behaviour bond to contribute $15,000 plus costs.
          • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe  [Air Synergy]

           

          • Appeared (unled) on behalf of a company that owns a bottling and packing plant which pleaded guilty to 7 OHS charges arising from 2 separate incidents. The company was issued 4 improvement notices relating to unguarded machinery which were not complied with (charges 1-4, unsafe systems of work).  Approximately 9 months later an employees suffered serious injuries as a result of being trapped in a separate machine, the workplace was not preserved and WorkSafe were not notified of the incident (charges 5-7).  With a total jurisdictional maximum fine of $2.4 million, the company was sentenced to pay a fine of $80,000 with conviction and costs of $6,866 were ordered.
          • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe [Taylor Ferguson]

           

          • Appeared (unled) on behalf of WorkSafe Victoria in relation to a number of breaches by a principal contractor (ADGR Realty) relating to risks of fall from height and other matters.  With a total jurisdictional maximum penalty of approximately $1.2 million, the defendant was sentenced to a fine of $16,100 with conviction plus costs.
          • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe [ADGR Realty] 

           

          • Appeared (unled) on behalf of an electrician who was charged as an individual employer in relation to two OH&S charges contrary to ss.21(1)& (2)(a) (charge 1) and 21(1)&(2)(e) (charge 2).   A third-year apprentice suffered significant flash burn injuries (to his arms and face) whilst working on a live switchboard and not being directly supervised. After successfully negotiating the withdrawal of charge 1 and negotiating a limited factual culpability in relation to charge 2, the matter proceeded as a plea of guilty.  With a jurisdictional maximum penalty of $79,000, the defendant was sentenced to a without conviction fine of $12,000 plus costs.
          • Prosecution Result Summaries and Enforceable Undertakings - WorkSafe [Cicchelli]

           

          Environmental 

          • Appeared (unled) on behalf of the Director of a recycling company issued with 12 charges along with a co-director and the company, contrary to s.66B and ss.31A(7) and 62A(3A) for failing to comply with EPA notices.  Negotiated a plea to 4 rolled-up charges (12 offences) and the withdrawal of charges.  With a maximum penalty of approximately $400,000 per charge ($1.6m in total), the defendant was sentenced without conviction to an adjourned undertaking for 12 months.

          • Manhari International Pty Ltd (ACN: 125 463 354) | Environment Protection Authority Victoria (epa.vic.gov.au)

          • Appeared (unled) on behalf of a Landfill Operator issued with 7 charges of breaching its licence conditions, contrary to s.27(2) Environment Protection Act 1970 .  Negotiated a plea of guilty to 2 rolled-up charges (5 offences) and the withdrawal of 5 charges.  With a maximum penalty of approximately $400,000 per charge, the defendant was sentenced without conviction to a fine of $20,000 plus costs and ordered to publish the outcome of the proceedings. 
          • https://www.epa.vic.gov.au/about-epa/news-media-and-updates/media-releases-and-news/fine-for-melbourne-regional-landfill

           

          • Appeared (unled) on behalf of a flower grower and an employee who both pleaded guilty charges arising from the use of fumigant.  The offences related to the use of a fumigant which affected the surrounding neighbours, resulting in emergency services attending and several people hospitalised.  The company pleaded guilty to charges of pollluting the atmosphere controary to s.41(1) of the EP Act.  With a maximum penalty of approx $800,000 for the two offences, the company was sentenced to pay a $70,000 fine without conviction.  The employee pleaded guilty to 1 charge of failing to comply with the label instructions contrary to s.19(4)(a) of the Agvet Act and was fined $5,000 without conviction.  
          • Court penalty over Torquay pesticide incident | Environment Protection Authority Victoria (epa.vic.gov.au)

           

          • Appeared (unled) on behalf of a water authority which pleaded guilty to 10 offences rolled-up into 5 charges , including polluting waters, causing an environmental hazard contrary and licence breaches.  The offences related to the discharge of water into a local river over a 2-week periof oustide of what was permitted by its licence.   With a jurisdictional maximum penalty of $1,934,280, the defendant was placed on a good behaviour bond for 2 years with conviction, ordered to contribute $150,000 to an environmental project (s.67AC) and publish the outcome of the proceedings in 2 newspapers.
          • EPA charges lead to $150k rehabilitation project by Coliban Water | Environment Protection Authority Victoria

           

          • Appeared (unled) on behalf of a water authority which pleaded guilty to 1 charge of causing an environmental hazard contrary to s.27A(1)(c) with a further charge withdrawn.  A sewerage pipe failed causing 2 million litres to escape over nearby land and into the Werribee river over a number of days.  With a jurisdictional maximum penalty of $380,000 and a previous conviction and previous enforceable undertaking, the defendant was ordered to contribute $115,000 to an environmental project (s.67AC) without conviction.  
          • https://www.epa.vic.gov.au/about-epa/news-media-and-updates/news-and-upd...

           

          • Appeared (unled) on behalf of a group of 4 related transport/construction companies in relation to 48 environmental charges of transporting waste without a permit with a further 48 charges against a company director.  After successfully negotiating the withdrawal of all charges against the company director as well as 44 charges against the companies, the matter proceeded as a plea of guilty to 4 rolled up charges (1 per company).  With a total maximum penalty of $1.417 million ($354k per company) each company was sentenced to a without conviction fine of $10,000 ($40,000 in total) (plus a proportionate amount of costs with a co-accused).
          • [ https://www.epa.vic.gov.au/about-epa/news-media-and-updates/news-and-upd... ]

           

          • Appeared (unled) on behalf of a major energy producer in relation to 4 environmental charges of breaching licence conditions with a total maximum penalty of $1.45 million.  Upon pleas of guilty, the company was sentenced to a without conviction fine of $21,000 (plus costs).  EPA applications for publication orders in national and state newspapers (at the company's cost) pursuant to s.67AC Environmental Protection Act 1970  were successfully opposed, with the publication order limited to the local newspapers. 

          • VIVA Energy Refining Pty Ltd (ACN: 004 303 842) | Environment Protection Authority Victoria (epa.vic.gov.au)

           

          • Appeared (led by O.P. Holdenson QC) on behalf of ResourceCo along with Nicholas Tweedie SC on behalf of one of the directors, in relation to 4 environmental charges with a maximum available fine of $894,853. After successfully negotiating the withdrawal of all charges against the company director as well as 1 of the charges against ResourceCo, the matter proceeded as a plea of guilty to 1 charge. ResourceCo was sentenced to a with conviction fine of $150,000 plus $75,000 costs and publication orders were made pursuant to s.67AC Environmental Protection Act 1970 .

          • ResourceCo Pty Ltd | Environment Protection Authority Victoria (epa.vic.gov.au)

               

              Prior to coming to the Bar, Glenn had more than 15 years’ experience working for the Office of Public Prosecutions, Worksafe Victoria (secondment) and Crown Counsel (Advisings)/Department of Justice and Regulation. 

              • He occupied a number of senior roles including managing all criminal appeals in Victoria, which involved providing advice on complex legal and legislative policy matters. 
              • He appeared in approximately 15 matters (led) in the Court of Appeal and had involvement in key cases involving the Charter of Human Rights and Responsibilities Act 2006, including the leading case of Momcilovic v The Queen (2011) 245 CLR 1.
              • His regulatory experience includes providing advice, and conducting prosecutions, in relation to highly sensitive regulation and enforcement matters at WorkSafe Victoria.

               

              Glenn read with Andrew Palmer SC and his Senior Mentor is Paul Holdenson QC.

              * Liability limited by a scheme approved under Professional Standards Legislation