Glenn Barr


Barrister

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

Glenn accepts briefs in criminal law and administrative law matters with a particular emphasis on regulatory proceedings involving occupational health and safety law and environmental regulation/prosecutions.  Glenn also accepts briefs involving public interest immunity issues, contempt and suppression orders.

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 has appeared in approximately 15 matters (led) in the Court of Appeal and has 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 has particular interests in regulatory law, the laws of evidence, criminal procedure and sentencing. 

  • 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.

 

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 stage and litigation stage) including the following:

  • Regulatory matters on behalf of both corporate defendants and government agencies, with a particular emphasis on EPA and OHS matters, including: co-developing and delivering CPD's on the new Workplace Manslaughter laws; successfully challenging WorkSafe Improvement notices by way of Internal Review; providing advice at the investigative stage; appearing (led and unled) in numerous OHS and EPA matters.
  • 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.
  • Advice matters, including to government departments and agencies as well as representative associations (such as the Victorian Off Course Agents Association) 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:

Environmental 

 

  • Appearing (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... ]

 

  • Appearing (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 .
  • https://www.epa.vic.gov.au/about-epa/what-we-do/compliance-and-enforceme...

 

  • Appearing (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...

 

  • Appearing (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  

 

OHS

  • Appearing (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. The defendant was sentenced to a without conviction fine of $12,000 plus costs.
  • https://www.workwell.vic.gov.au/prosecution-result-summaries-enforceable... [Cicchelli]

 

 

  • Appearing (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 $2.4million, 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]

 

  • Appearing (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.
  • https://www.worksafe.vic.gov.au/prosecution-result-summaries-enforceable... [Air Synergy]

 

  • Appearing (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 maximum penalty of $402,975, 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]

 

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
Industrial Relations Law & Employment Law
Inquests, Inquiries, Tribunals & Commissions
Public Law & Administrative Law

Profile1

Glenn accepts briefs in criminal law and administrative law matters with a particular emphasis on regulatory proceedings involving occupational health and safety law and environmental regulation/prosecutions.  Glenn also accepts briefs involving public interest immunity issues, contempt and suppression orders.

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 has appeared in approximately 15 matters (led) in the Court of Appeal and has 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 has particular interests in regulatory law, the laws of evidence, criminal procedure and sentencing. 

  • 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.

 

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 stage and litigation stage) including the following:

  • Regulatory matters on behalf of both corporate defendants and government agencies, with a particular emphasis on EPA and OHS matters, including: co-developing and delivering CPD's on the new Workplace Manslaughter laws; successfully challenging WorkSafe Improvement notices by way of Internal Review; providing advice at the investigative stage; appearing (led and unled) in numerous OHS and EPA matters.
  • 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.
  • Advice matters, including to government departments and agencies as well as representative associations (such as the Victorian Off Course Agents Association) 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:

Environmental 

 

  • Appearing (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... ]

 

  • Appearing (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 .
  • https://www.epa.vic.gov.au/about-epa/what-we-do/compliance-and-enforceme...

 

  • Appearing (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...

 

  • Appearing (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  

 

OHS

  • Appearing (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. The defendant was sentenced to a without conviction fine of $12,000 plus costs.
  • https://www.workwell.vic.gov.au/prosecution-result-summaries-enforceable... [Cicchelli]

 

 

  • Appearing (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 $2.4million, 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]

 

  • Appearing (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.
  • https://www.worksafe.vic.gov.au/prosecution-result-summaries-enforceable... [Air Synergy]

 

  • Appearing (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 maximum penalty of $402,975, 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]

 

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

* Liability limited by a scheme approved under Professional Standards Legislation