The industrial manslaughter provisions in the ACT have now moved from the Crimes Act to the State Work Health and Safety Act. The move is accompanied by a significant increase in the applicable fines to $16.5 million for businesses and up to 20 years jail for officers.
The move from the Crimes Act to the Work Health and Safety Act comes with more than just a penalty increase, the move also results in a broadening of the applicability of the provisions. In the explanatory statement it is noted that the changes “broaden the circumstances where industrial manslaughter charges may be laid to include, for example, cases where actions or conduct causes the death of a member of the public, a subcontractor, visitor or employee or another employer”.
“Workplace safety is a right that must be protected at all costs [the changes] provide more avenues to address poor workplace safety practices and systemic non-compliance” said Industrial Relations and Workplace Safety Minister Gentleman.
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Elisha Radwanowski BCom(HRM&IR)
Executive Manager Employment and Training