Industrial manslaughter offence in Qld

The Palaszczuk Government has introduced legislative changes to create a new offence of industrial manslaughter in Queensland.

Industrial Relations Minister Grace Grace said the creation of the new offence was one of 58 recommendations contained in Tim Lyons’ ‘Best Practice Review of Workplace Health and Safety Queensland’, released 22 August.

“Under our proposed laws, the maximum penalty for industrial manslaughter will be 20 years imprisonment for an individual, with a maximum fine of $10 million for a corporate offender,” said Grace.

“Importantly, companies won’t be able to hide behind elaborate corporate structures to evade their responsibilities.”

Grace said the Work Health and Safety and Other Legislation Amendment Bill seeks to implement the 58 recommendations in the Best Practice Review.

“Most of the recommendations relate to operational improvements for Workplace Health and Safety Queensland or the WHS board,” she said.

“However, a number of these recommendations need legislative changes to the Work Health and Safety Act, the Electrical Safety Act and the Safety in Recreational Water Activities Act.

“In line with the review’s recommendation, the government will be increasing public protection by introducing new maintenance, operation and competency requirements for the inspection and operation of amusement devices.

“This will include an obligation to prepare a safety case and the application of a licensing regime.

“We will now begin working with industry to implement new arrangements, which will be phased in, commencing with the large theme parks from 1 December 2017.”

Grace said changes under the Bill would ensure greater independence and transparency of the industrial prosecutions process in Queensland by providing the QIRC with additional powers, and establishing an independent statutory office for work health and safety prosecutions.

For a copy of the final report Best Practice Review of Workplace Health and Safety Queensland, visit worksafe.qld.gov.au.