Workplace Manslaughter Laws

As many readers will know, Gary Rowe CEO of Safety Action, spoke briefly about the new manslaughter laws on Friday 22 May, as a guest on FCW Law’s weekly webinar.

The laws are being introduced around the country in “piece meal” fashion. So much for simplified and harmonised safety laws in Australia!

In Essence, the Current Situation is:

VIC: Workplace manslaughter amendment to OHS Act commences 1 July 2020, with 20 years jail and max fines $16.5m for corporations and $1.65m for officers. Involves negligence leading to death of any person who you owe a duty under the OHS Act.

NSW: Plan to use manslaughter provisions under existing Crimes Act with max. 25 years jail, but have amended the test for gross negligence for reckless endangerment S.31, with up to 5 years jail.

ACT: Using the Crimes Act S.49C for death of a worker. Penalties up to 20 years jail and $.1.62m fine for corporations.

NT: Amended their WHS Act eg S.34B to “trump” everyone with a maximum penalty of life imprisonment, and fines up to $10.2m.

TAS: No workplace manslaughter law, but using existing reckless endangerment S31, with maximum penalties of $3m for corporations and $$600,000 fine for officers.

WA: Industrial Manslaughter Bill with two classes of negligence and penalties up to $10m for corporations and 20 years jail.

SA: No workplace manslaughter laws, and using S.31 reckless endangerment provisions with 5 years jail and fines up to $3m for corporations.

QLD: Amended WHS Act S.34A to S.34D only applies to worker deaths, with penalties 20 years jail and $10m fine for corporations.

Upcoming Manslaughter Breakfast Meeting

We plan to conduct a breakfast briefing on how to avoid manslaughter prosecution later this year when safe and social distancing is permitted.