ACT Leads On Industrial Manslaughter

Bosses whose workers are killed on the job could face up to 25 years' jail and fines of up to $5million for companies under industrial manslaughter laws before the ACT Legislative Assembly.

"We plan to have this legislation passed by November," says ACT Industrial Relations Minister Katy Gallagher. "We take this very seriously."

The move will see industrial manslaughter placed in the Crimes Act, making it a criminal offence. Company directors or boards could be jailed if an employee was killed at work or if the employer was found to have been negligent in contributing to their death.

"We're sending a clear message to employers," says Gallagher. "Where there is gross negligence they deserve to be charged."

"For good employers, for people doing the right thing, they have nothing to fear from this law at all."

The legislation is a groundbreaking move after similar legislation was rejected in Victoria, NSW and Queensland and comes as part of a reform package to ACT Occupational Health and Safety laws.

The Crimes (Industrial Manslaughter) Amendment Bill 2003 was developed to address gaps in ACT criminal legislation regarding the prosecution of companies for manslaughter.

Currently, general manslaughter applies to anyone who negligently or recklessly causes the death of another person. if an employer negligently or recklessly causes the death of one of their workers, they can already be charged.

However with many people employed by companies it is very difficult to prosecute a company for manslaughter due to antiquated legal principles that make it difficult to attribute criminal liability to a company.

The news comes as the Australian Manufacturing Workers Union will seek to have the issue of Industrial Manslaughter Legislation addressed at the NSW ALP State Conference over the October long weekend.

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