ON POINT - Issue #1
Industrial Manslaughter in the ‘Resources Jurisdictions’
- Safety hazards are elevated in mining and oil and gas operations. The ‘resources jurisdictions’ that have passed industrial manslaughter laws are QLD (2018) and the NT (2019).
- Industrial manslaughter establishes criminal liability on senior managers and executives of Persons Conducting a Business or Undertaking (“PCBU”).
- QLD and WA have specific safety legislation that applies to mining and oil and gas operations. Industrial manslaughter did not apply to mining and oil and gas operations. However, in May 2020 QLD passed legislation that introduced industrial manslaughter to mining and oil and gas operations.
- There is currently a Bill before the WA parliament to introduce industrial manslaughter. This will apply to all PCBU’s, including mining and oil and gas operations. The WA Bill also includes Workplace Health and Safety providers as PCBU’s.
- The WA legislation is expected to pass in 2021.
- A brief comparison between the jurisdictions:
Mechanical Engineer
4 年Thanks Marcus.
GCertLdshp, Independent Advisor- Oil and Gas SME
4 年Excellent work on this front Marcus , thankyou
Director at Rob McPherson IR Consulting
4 年Marcus - congratulations on being called to the bar - great article!
On point - and straight to the point! Thanks Marcus.