Australia: Industrial Manslaughter: ACT Forges New Paths for Liability

• Reforming the law in states and territories in relation to workplace deaths has had a chequered history.
• The Australian Capital Territory has legislated to punish 'industrial manslaughter'.

The Crimes (Industrial Manslaughter) Amendment Act 2003 was passed in the Australian Capital Territory, providing penalties for offences in relation to deaths occurring in the workplace.

It is significant because it:

• imposes penalties on employers and senior corporate officers;
• the penalties include imprisonment to a maximum of 25 years;
• the possible penalties also include wide-ranging penalties instead of imprisonment;
• the employers which can be made liable include corporate persons.

Similar reforms have not succeeded in other states.

In Victoria, the Crimes (Workplace Deaths and Serious Injuries) Bill 2001 was not passed.

In New South Wales, the Crimes Amendment (Corporate Manslaughter) Bill 2002 was defeated.

In Queensland and Western Australia, reform along these lines stalled at the stage of proposal.

Part 2A has been inserted into the Crimes Act 1900 to deal with 'industrial manslaughter'. Where a worker of the employer:

• dies in the course of employment; or
• later dies from injuries in the course of employment
• and the conduct of the employer causes the death, and the employer is reckless about causing serious harm or negligent about causing death, the employer will have committed an offence.

Similarly, senior officers will commit an offence if the elements are proved in relation to their conduct.

The 'Employer' is designed to include corporate entities.

An omission to act to avoid danger amounts to 'conduct'.

The corporation may have a range of penalties imposed. They include:

• compelling the corporation to publish certain information, including about the offence committed;
• compelling the corporation to undertake a 'public benefit' project (up to $5 million). The project need not be linked to the offence.

The author would like to thank Marilyn Pittard for her help in writing this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.