Occupational health and safety
organisations could be subject to AUD 16 million fines for workplace deaths while individuals could face 20 years imprisonment. A Private Members’ Bill has been introduced in South Australia which proposes that organisations be subject to AUD 1 million fines and employers and officers liable to up to 20 years imprisonment. The Boland Report released in February 2019 recommended the introduction of model industrial manslaughter laws where there is gross negligence that causes the death of a worker. Attention should be paid to the next Commonwealth Government’s upcoming response to the report. Had the Labor Opposition won the 2019 Federal Election, it is likely that we would have seen the introduction of an industrial manslaughter offence in the Commonwealth Act within the first 12 months of government. The Coalition Government’s view before the election was that the current criminal manslaughter laws are able to address workplace deaths for all those responsible. In any event, the BolandReport is currently subject to a regulation impact statement process being undertaken by Safe Work Australia with public submissions open until 5 August 2019. Australia’s WHS Ministers will consider the Boland Report and the impact statement later in 2019.
Victoria and Western Australia The Boland Report re-emphasised the need for consistent harmonisation of WHS laws. Boland reiterated the need for Victoria and Western Australia to adopt the model WHS laws “as a matter of urgency”. However, there is no indication that the two states will adopt the uniform laws. Indeed further inconsistencies appear to be developing even as states introduce new offences. By way of example, consider the amendments planned for Victoria in introducing further jurisdictional differences with respect to industrial manslaughter maximum penalties (as discussed below). industrial manslaughter laws in 2017 in response to the October 2016 Dreamworld fatalities. Under these laws, organisations and senior officers could be sentenced to jail terms of up to 20 years, or fines of AUD 13 million, if their negligence causes a worker to die while at work. The ACT has had similar criminal laws since 2004 for employers and officers whose reckless or negligent conduct causes a worker to die. Despite media and political attention on industrial manslaughter in 2018, to date, only Victoria has taken serious steps towards introducing similar laws. The Victorian Government has announced an intention to introduce industrial manslaughter laws similar to those in Queensland. Under the proposal, INDUSTRIAL MANSLAUGHTER LAWS Queensland introduced
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