The Work Health and Safety Industrial Manslaughter Amendment Bill 2022 has been tabled in Parliament and read a second time in the Legislative Council by Hon Tammy Franks MLC (Greens) on 4 May 2022.
There is a minor variation in the definition of the offence but otherwise the Bill is in similar terms to the 2020 Bill that lapsed at the end of the last Parliamentary term. Under this Bill an employer is guilty of an offence, with a maximum fine of $13 million and up to 20 years imprisonment, if:
A PCBU would be 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 substantial risk of serious harm to a person, and that the breach would cause the death of a person.
The amount of the maximum fine in the Bill is $5m less than that announced by Labor in its policy prior to the election. We will keep you advised on this issue as it develops.
The bill can be accessed here.
