Summary of the Victorian Workplace Manslaughter Laws
The Amendments to the Victorian Occupational Health and Safety (OHS) Act 2004
commence 1 July 2020. The amendments include the introduction of the Workplace Manslaughter offence.
Summary of Amendments of OH & S Act 2004
Commencement 1 July 2020, or if proclaimed earlier.
39C Conduct means; and act or omission to perform an act.
39D Conduct may constitute a breach irrespective of whether:
a) Others also contributed to the breach eg each person has own duty; or
b) Other proceedings have commenced eg other OHS prosecution.
39E (1) Conduct is negligent by a person if:
a) A great falling short of the standard of care of a reasonable person in similar circumstances; and there is
b) A high-risk of death or serious injury or illness
(2) Conduct by a body corporate is negligent if:
a) The body corporate engages in the conduct itself; and
b) Irrespective of whether conduct is imputed to the body corporate; and
c) Irrespective of whether any officers were involved in the conduct; and
d) The standard of care fell below that of a reasonable body corporate in similar circumstances.
39F (1) A person owes a duty to another person if the Act imposes a particular duty and the person affected is implicitly or explicitly cited.
39G Workplace Manslaughter Offence
Note: Volunteer workers or volunteer officers are not liable under this section.
(1) & (2) A worker or officer of the body corporate is guilty of workplace
manslaughter if their conduct is:
a) Negligent; and
b) Breaches the duty owed to another; and
c) Causes the death of that other person.
Penalty: 20 years jail or Officers $1.65m or Body Corporate $16.5m fine
(3) This section applies to; body corporates, unincorporated bodies or associations and
partnerships whether they represent the Crown or not.
(4) A breach of this section is an indictable offence eg heard in Supreme Court, not lower
Courts.
132 Limitation on Proceedings
(3) Proceedings for workplace manslaughter may be brought at any time e.g. no time limit.
187 Timing of Offence
Workplace manslaughter only applies to breaches committed after this amendment to OHS Act 2004 and Crimes Act 1958
