October 10, 2019
Currently the ACT and Queensland have offences for industrial manslaughter and the introduction of legislation in Victoria is imminent. The WA Government has also announced a commitment to adopt industrial manslaughter provisions. Nationally the recommendations of the review of the Model WHS laws and a Senate Inquiry into the framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia to adopt of an offence for industrial manslaughter has provided increased confidence to the unions to push for the spread of the offence.
In submissions to the Committee inquiry HIA opposed the Bill highlighting that Work Health and Safety legislation should be focused on the fundamental duty to provide a safe workplace and that prosecutions for breaches should not be based merely on whether a death or injury has occurred. Whether a death occurs in the workplace or in a non-industrial context, manslaughter is and should be a matter for criminal law.
The HIA will work cooperatively with the Northern Territory Government to ensure that the views of industry in the Territory is taken into account.
For more information phone Archie Wright 89956303