The CCF SA submission in respect to the proposed Work Health and Safety (Industrial Manslaughter) Amendment Bill 2016 is available here. The intention of this Bill is to introduce Industrial Manslaughter to the WHS Act aimed at employers (which could include everyone in the managerial and supervisory chain of control). Attached is the relevant transcript from Hansard which says:
“The primary objective of this bill is to ensure that culpable employers are held responsible for their actions. This bill seeks to introduce industrial manslaughter. The offence covers the situation where an individual or corporation’s conduct causes the death of a worker, where that individual or corporation’s recklessness or negligence caused serious harm and, obviously, death to that worker. Within the bill an employer is guilty of an offence if: the employer breaches their duty of care; the employer knew or was recklessly indifferent that the act or omission constituting the breach would create a substantial risk of serious harm to a person; and the breach causes the death of a person”
The CCF SA vigorously opposes this amendment. Our reasons are outlined in our submission to the Parliamentary Committee examining this proposal.