The ACT has become the first jurisdiction in Australia to pass legislation creating the offence of Industrial Manslaughter, under the Crimes (Industrial Manslaughter) Bill 2002.
"The ACT government's position is clear - if a workplace death occurs and that death can be attributed to the employer, then the death should be treated with the seriousness it deserves. The ACT government is pleased that the majority of the Assembly members have given their support to such an important piece of legislation," said ACT industrial relations minister Katy Gallagher.
"The legislation is a key component of the government's occupational health and safety reform agenda aimed at ensuring that workplaces are as safe as possible for ACT workers."
"This legislation does not impose vicarious liability on employers nor does it impose any additional responsibilities on them. Employers who adhere to their responsibilities under the Occupational Health and Safety Act 1989 have nothing to fear from this legislation."
The legislation will commence on 1 March 2004, which will allow three months for industry to be made aware of the new laws and for ACT Workcover to continue to provide support and education to workplaces in the ACT. Under the new ACT laws, individuals face sentences of up to 25 years, and companies are potentially liable for penalties of up to $5 million.
-- Construction Contractor