The challenge of Crown vs Crown prosecutions

Recently the West Australian Department of Corrections was prosecuted over the work-related death of an inmate.  It was fined $100,000 plus costs over the death of a remand prisoner crushed between a truck and a wall at Hakea Prison in 2015.  The WorkSafe WA media release provides a level of detail rare in these sorts of incidents …

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Liability insurance products get some serious criticism

In 2017 the Queensland Government was advised to prohibit business insurance products that cover the costs associated with financial penalties that may occur after a successful prosecution of a breach of work health and safety (WHS) laws. This recommendation (page 47) was one of only two that were not accepted by the government and which were …

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Deaths inquiry asks the hard questions

This week in Australia, the Senate Education and Employment References Committee inquiry into industrial deaths conducts public hearings in three States in three days.  Transcripts will be available shortly but it is worth looking at the record of the last public hearing from August 7 2018 to see the type of questions the panel are asking …

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Industrial Manslaughter laws remain muddled

The Australian trade union movement is confident that Industrial Manslaughter laws will be introduced in each Australian State and Territory over the next few years.  Recently the Australian Broadcasting Corporation’s Law Report program looked at these laws and their discussion in the current Senate Inquiry into “The framework surrounding the prevention, investigation and prosecution of …

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OHS outcomes of ACTU Congress 2018

Below is the list of occupational health and safety (OHS) issues for the next three years, put to the Australian Council of Trade Unions and passed, at its Congress on 18 July 2018.  Some were expected but others will cause concern, primarily, for business owners.  Perhaps the major concern is that these commitments are to …

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Does using the Big Stick work?

Governments use legislation and the threat of punishment as a deterrent for dangerous actions and poor decision-making.  Imposing harsh consequences is hoped to change the behaviour of companies and individuals.  Occupational health and safety (OHS) laws are no different with deterrence being used to justify the introduction and enforcement of Industrial Manslaughter laws, for instance. …

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Objections, support and deterrence

Several of the articles in the Safety At Work special edition on Industrial Manslaughter mentioned in a previous post were from a July 2004 Building Trades Unions Conference at which Reverend Fred Nile, Katy Gallagher and John Della Bosca spoke.  Below are some of the interesting quotes raised but before we reach them, in August 2004, …

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