📜 Criminal Code Amendment (Industrial Manslaughter) Bill 2017
This Bill amends the Criminal Code to introduce the offence of industrial manslaughter. It establishes liability for employers and senior officers when an employee's death is caused by their conduct, with penalties including imprisonment.
Impact
Employers and senior officers are affected, as they can now face criminal charges for workplace deaths caused by their negligence. This aims to improve workplace safety and accountability.
Key Changes
Parliamentary Progress
- LC Second Reading MovedLC15 June 2017
Penalty Provisions3 found
Industrial manslaughter by employer
“An employer is guilty of a crime and is liable to imprisonment for life if — (a) an employee of the employer — (i) dies in the course of employment by, or providing services to, or in relation to, the employer; or (ii) is injured in the course of employment by, or providing services to, or in relation to, the employer and later dies; and (b) the employer’s conduct causes the death of the employee; and (c) the employer — (i) knew the conduct would be likely to cause the death of, or serious harm to, the employee; but (ii) acted, or failed to act, in disregard of that likelihood.”
Industrial manslaughter by senior officer
“A senior officer of an employer is guilty of a crime and is liable to imprisonment for life if — (a) an employee of the employer — (i) dies in the course of employment by, or providing services to, or in relation to, the employer; or (ii) is injured in the course of employment by, or providing services to, or in relation to, the employer and later dies; and (b) the senior officer’s conduct causes the death of the employee; and (c) the senior officer — (i) knew the conduct would be likely to cause the death of, or serious harm to, the employee; but (ii) acted, or failed to act, in disregard of that likelihood.”
Orders that may be made against convicted body corporate - limit on costs
“The total cost to the body corporate, in relation to a single offence, of — (a) any fine imposed for the offence; and (b) complying with any order or orders made under this section in relation to the offence, must not exceed $5 000 000.”
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.