Sentencing methodology under the Workplace Health and Safety Act 1995 (Qld)

The High Court within the judgments of AB v The Queen (1999) 198 CLR 111, Wong v The Queen (2001) 207 CLR 584 and Cameron v The Queen (2002) 209 CLR 339 evaluated two sentencing methodologies: the "two-tier" test (or "two-stage" approach) and the "instinctive synthesis" test. President Hall of the Queensland Industrial Court in sentencing under the 1995 (Qld) propounds a "two-tier" test. This article discusses both the "two-tier" test and the "instinctive synthesis" test and concludes that that the "two-tier" test is most appropriate for sentencing offenders under the Workplace Health and Safety Act.