New Bill criminalising industrial manslaughter must result in better resources for SafeWork SA

South Australian Business News
Anthony Caldwell
Wednesday, July 5th 2023
I Mbill

There has been an alarming number of deaths recently in South Australian workplaces, and we all agree this must be addressed. Workplaces must be safe for all employees. 

The proposed legislation expected to be presented to parliament this week criminalising industrial manslaughter draws attention to the need for more to be done.

The South Australian Business Chamber’s submission to this year’s State Budget advocated for SafeWork SA to be adequately resourced to manage its obligations under the Work Health Safety Act 2012, however, no provisions were made. 

The South Australian Business Chamber is now seriously concerned about the ability of an already under-resourced SafeWork SA to take on responsibility for enforcing the proposed industrial manslaughter laws.

The South Australian Business Chamber collaborated with South Australian industry associations providing feedback to the government on both drafts of the Industrial Manslaughter Bill. 

We take heart from the Attorney General’s commitment that this legislation is intended to be used in the most egregious of circumstances.

The South Australian Business Chamber has been involved in a long consultation process with the State Government on the criminalisation of industrial manslaughter and most of our recommendations have been addressed.

However, in its submission to the Attorney General, we advocated that unless matters are heard in camera, a business owner initially charged with industrial manslaughter but later found guilty of a lesser offence may suffer irreversible reputational damage.

Under the legislation being introduced this week, this concern has not been resolved.

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