The introduction of industrial manslaughter laws in Queensland in October 2017 put the campaign for industrial manslaughter back on the agenda around the country.
Queenslanders have joined the Australian Capital Territory in having industrial manslaughter provisions on the books, Victoria is currently in consultation on industrial manslaughter offences and Western Australian has also announced their intent to introduce such provisions. The Lyons Review of WHS in the NT also recommended the creation of industrial manslaughter offences. The results of the state election may have halted the progress of industrial manslaughter offences in NSW for now. However, the Boland Model WHS Laws Review recommendations in favour of the introduction of industrial manslaughter as part of Australia’s harmonised WHS Laws, means that it may only be a matter of time before more jurisdictions jump on board.
Whatever we may think of the need for industrial manslaughter offences and whether they are fit for purpose as the solution for the problem they are said to solve, it is a reality with which industry must now grapple.
Join Clyde & Co health, safety and security partner Alena Titterton as she explores:
Alena Titterton is a health, safety and security partner of the global law firm Clyde & Co. Alena is dual qualified in law and behavioural science (majoring in psychology) which allows her to bring a multidisciplinary and practical approach to supporting clients in managing their legal risks in these very challenging areas. Alena works in both the private and public sectors, investigating and responding to incidents, defending clients in claims and prosecutions but also in establishing effective safety management systems and processes proactively before things go wrong. Alena advises Boards and executive teams on safety due diligence and conducts WHS legal compliance audits, having developed the audit tool, ClydeComply.
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