The South Australian Greens have reintroduced a Bill designed to create a new industrial manslaughter offence – the Bill includes a maximum fine of $13 million, significantly higher than the $1 million fine the party proposed in 2019.

South Australian Greens MLC Tammy Franks’ Work Health and Safety (Industrial Manslaughter) Amendment Bill 2020 also includes jail terms of up to 20 years for company officers and employers who knew, or ought reasonably to have known, or was recklessly indifferent as to whether, the act or omission constituting the breach would create a substantial risk of serious harm to a person causing death.

The SA Greens said they were holding the state Labor Party accountable for a 2018 election promise where it committed to introducing industrial manslaughter laws that were at least as strong as those in Queensland.

As such, the Bill the penalties in this new Bill have been updated to better reflect those in the Queensland legislation. Under it, an employer is guilty of an offence, with a maximum fine of $13 million and up to 20 years imprisonment, if:

• The employer breaches their duty of care;
• An employer knew, or was recklessly indifferent, that the act or omission constituting the breach would create a substantial risk of serious harm to a person;
• The breach causes the death of a person.

Franks said South Australia needed specific laws to protect employees and prevent employers from taking shortcuts that may endanger workers’ lives.

“This Bill seeks to capture a very small minority of employers who cruelly put their workers through unnecessary risk and would only apply in the event that an employee tragically dies. We need to change the rules – and our workplace laws – to deter negligent employers.”

“As legislators, it is our responsibility to ensure that employers have a genuine incentive to provide a safe workplace. We have many carrots in our system, but we do need a few sticks.”

“The Parliament has considered and debated industrial manslaughter laws on several occasions in the past, yet despite broad support we still haven’t passed an actual Bill. Given we all seem to agree that industrial manslaughter should be a crime, let’s hope this year we all come together and actually make it one.”

The Greens will bring the Bill to a vote later this year.

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