South Australia to introduce laws to criminalise industrial manslaughter
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Breaking News: 5 July 2023 Update - The Labor Government will this week introduce new laws to make industrial manslaughter a criminal offence in South Australia.
The Work Health and Safety (Industrial Manslaughter) Amendment Bill introduces new legislation in South Australia to address serious breaches of health and safety in the workplace, particularly those resulting in the death of a person. Under these new laws, individuals can face a maximum penalty of 20 years imprisonment, and companies can be fined up to $18 million if they are found to be reckless or grossly negligent in their conduct, which breaches a work health and safety duty and leads to someone's death.
The purpose of these penalties is to send a clear message that those who put workers' lives at risk will be held accountable. The legislation aims to align South Australia with other jurisdictions that have already made industrial manslaughter a crime, including Queensland, Victoria, Western Australia, and the ACT. The introduction of this bill fulfils a key election commitment by the South Australian Government.
It's important to note that the new laws do not impose any new duties that are not already owed under the current workplace laws. Instead, they ensure that when these duties are breached and result in someone's death, the penalties reflect the severity of the crime.
The legislation follows a significant community consultation process involving unions, business groups, and work health and safety professionals. The draft bill underwent public consultation from November 2022 to February 2023, and feedback from industry stakeholders was taken into consideration during the drafting process.
Please note that the specific details and progress of the Work Health and Safety (Industrial Manslaughter) Amendment Bill can be found in the official sources provided, which include the South Australian Government's website and relevant legislation documents.
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The Offence
An employer or officer would face a maximum penalty of 20 years in prison for a natural person or a fine of $18,000,000 for a body corporate under the proposed amendments.
Recommend reading: Industrial Manslaughter Law is Now in Effect
Author: Yon Ta, 6 July 2023
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