February 29th, 2020

Industrial Manslaughter

Victoria, Queensland and the ACT are now the three Australian jurisdictions with a specific industrial manslaughter offences.

The objectives of the industrial manslaughter laws that Victoria have recently introduced include

  •  To prevent workplace deaths
  •  To deter persons who owe certain duties under Part 3 of the Occupational Health and Safety Act 2004 (OHS Act) from breaching those duties
  •  To reflect the severity of conduct that places life at risk in the workplace

More information in this update from MinterEllison

Queensland has commenced its first prosecution under the new industrial manslaughter laws

In a first for Queensland, the Work Health and Safety Prosecutor has commenced a prosecution against Brisbane Auto Recycling Pty Ltd for industrial manslaughter under the Work Health and Safety Act 2011.

Separate charges have also been made against the company directors, for engaging in reckless conduct that resulted in the death of a worker.