Spotlight
Queensland to Introduce Industrial Manslaughter Charges
The Queensland Government has announced prospective changes in legislation that will have a great bearing on a host of industries. The incumbent Labor Government intends to introduce the charge of ‘industrial manslaughter’.
This comes in response to recommendations by former ACTU official Tim Lyons in Best Practice Review of Workplace Health and Safety Queensland, in his capacity as an independent reviewer. This report followed the events of Eagle Farm and Dreamworld last year, in which six lives were lost.
If they come into effect, these laws would prove a serious deterrent for any employer or organisation shirking its duty to safeguard the wellbeing of either its workers or the general public. The Government proposes that industrial manslaughter will carry a maximum penalty of 20 years in prison, and a maximum fine of $10 million for a corporation—a significantly severe increase to the current penalties. Another aspect will be attempting to ensure that large companies or corporations cannot avoid penalties, dodge responsibilities, or otherwise obfuscate their own blame.
The Government’s attempts at increasing protections, and strengthening Queensland’s work health and safety structure, are to be lauded. That said, laws targeting specific groups or industries can appear suspect; as being politically motivated, rather than purely judicial.
At present, laws regarding manslaughter do account for criminal negligence. The introduction of harsher penalties for companies and corporations—which have a habit of avoiding liability—make perfect sense, yet how courts negotiate new workplace-oriented charges is going to be an ongoing issue, and not without its challenges.
While the effectiveness of the ‘deterrent factor’ touted by the Government is debatable, safety is a primary concern, should remain a top priority, and it is heartening that the relevant authorities are making such staunch efforts to further address this.
According to the Queensland Government, Industrial Relations Minister Grace Grace said that the Bill would “ensure greater independence and transparency of the industrial prosecutions process in Queensland by providing the QIRC with additional powers, and establishing an independent statutory office for work health and safety prosecutions”.
Changes are expected to come into effect from December 1, 2017.
This material was garnered, in part, from Media Statements made by the office of the Minister for Employment and Industrial Relations, Minister for Racing and Minister for Multicultural Affairs, The Honourable Grace Grace, the full transcript of which can be found here:
To read Tim Lyons’ report Best Practice Review of Workplace Health and Safety Queensland, click the following link:
This material is current as of August 22, 2017.
The Queensland Government has announced prospective changes in legislation that will have a great bearing on a host of industries. The incumbent Labor Government intends to introduce the charge of ‘industrial manslaughter’.
