Gary Rowe

| November 21 2019

Workplace Manslaughter Laws

Victoria has introduced the Workplace Manslaughter Bill into Parliament.

The Bill proposes workplace manslaughter is when an individual is negligent and breaches the duty owed to another person and causes the death of that person.

Negligence is defined as “a great falling short of the standard of care” of a reasonable person in similar circumstances where there is a high-risk of death or serious injury.

Under the legislation corporations can also be charged if they engage in conduct that is negligent and falls below standard of care of a reasonable organisation. Note: The standard of care for corporations is higher than the legislation proposes for individuals.

When the workplace manslaughter legislation commences Victoria will have the highest workplace safety penalties in Australia.

The maximum penalties include:

  • 20 years jail
  • $16.5m for corporations
  • $1.65m for officers

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