Page 2013 - Week 07 - Thursday, 24 June 2021
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The bill will establish an offence of industrial manslaughter within the work safety framework. A charge of industrial manslaughter could be brought where work conduct that is reckless or negligent causes the death of a person. The charge of industrial manslaughter could be made against a company or other entity whose business undertaking committed the reckless or negligent conduct. A charge could also be brought against an individual officer of the business or undertaking. The maximum penalties that could apply would be 20 years imprisonment for an individual or a $16.5 million penalty for a company.
Importantly, the bill does not reduce existing work health and safety obligations. These include an obligation to identify hazards arising from work and to identify and implement available and suitable control measures to eliminate associated safety risks. If elimination is not possible, the risks must be minimised to the maximum extent reasonably possible. These longstanding obligations have been in place for many years.
Over that time the ACT and other governments have provided extensive education, information, tools and other resources to assist employers to understand and discharge their safety obligations. The government and the ACT community expect employers to understand their obligations and to behave responsibly. They also expect that where a gross deviation from a reasonable standard of care causes a person’s death the consequences for those responsible should be severe.
The bill is evidence of this government delivering on its commitments. We have committed to progressive reforms to improve outcomes for our workers and ensure worker safety under our laws. Protecting workers through strengthening workplace safety laws benefits families and the community. Despite this, the federal Liberal government have refused to support changing national workplace safety laws to include an industrial manslaughter offence. Their lack of support for workers and their families is shameful.
This bill is about working people and their families. This government will always stand up for working people, and so will I. I plan to work closely over the coming months with unions, industry and the wider community to design and implement reforms that will better protect workers from silicosis and other dust diseases. Like many of us, I have been terribly concerned about the frequency of silicosis disease being seen in Australian workers whose duties involved cutting engineered stone. It is a debilitating disease that severely reduces victims’ life expectancy. That is why the ACT government has legislated for a better resourced and independent ACT WorkSafe.
The Work Health and Safety Amendment Bill 2021 will leverage our continuing investment in the work health and safety regulator by enhancing the compliance and enforcement tools available to WorkSafe ACT. These and other measures will ensure the territory has a strong contemporary work safety framework with a well-resourced and effective safety regulator. The bill is integral to our strong workplace safety commitment, and I commend it to the Assembly.
Debate (on motion by Mr Milligan) adjourned to the next sitting.
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