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Killer Bosses on Notice

15 June 2005

NSW courts have the power to lock-up killer bosses under workplace death legislation that passed through state parliament, this week.

Unions NSW, which co-ordinated a three-year campaign for harsher penalties in the wake of several preventable workplace deaths, has welcomed the measure.

Assistant secretary, Mark Lennon, said the law should be seen as preventative, rather than an enforcement measure.

"We congratulate all parties involved in this step forward for health and safety," he said.

"It has been a long but worthwhile process. Our hope is that it will improve workplace safety to the point where penalty provisions never have to be used."

The Government Bill was passed after the Upper House accepted a Greens amendment that will see it reviewed by the Law Reform Commission, after three years.

Under its provisions, Workcover will have the power to prosecute "reckless" employers. Individual employers convicted of recklessly causing death can be gaoled for up to five years or fined $165,000.

Corporations can be fined up to $1,650,000.

Employees jailed under its provisions will have access to the Court of Criminal Appeal.

The legislation was strongly opposed by employers, the National Farmers Federation and the Liberal Party.



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