Industrial Manslaughter Introduced in Victoria, Mental Illness Included

The Victorian Government this week introduced a new workplace industrial manslaughter law to Parliament which would, if passed as drafted, see penalties of $16 million and up to 20 years jail for employers responsible for negligently causing death.

Interestingly, the new offence captures negligent workplace conduct that contributes significantly to a person sustaining an injury or contracting an illness (including a mental illness) that later causes the person’s death.

It also captures conduct that occurs outside Victoria but results in a workplace fatality in Victoria.

The Andrews Labor Government said the laws deliver on an election promise, and will fall under the Occupational Health and Safety Act 2004 (OHS Act).

Standing outside Parliament, Attorney-General Jill Hennessy told reporters that the burden of proof for employers to be charged under the new laws would be high, but that employee mental health and wellbeing was covered.

“The standard is very high because the penalty is very high. A person who has been brutalised when it comes to their mental health and wellbeing … The laws will apply to this.”

“We want officers to take their OHS responsibilities seriously.”

In a statement, Victorian Chamber of Commerce and Industry (VCCI) Chief Executive Mark Stone said that with such significant penalties on the table, it was vital that the Government got this law right.

“We have worked closely with the Government to inform the development of this bill. However, we are not confident that the full range of potential consequences of this legislation has been fully considered.”

“Jointly, employer groups have proposed a number of sound and workable improvements to the drafting of the legislation that would have enhanced its safety objectives. We consider that without some changes the legislation may result in unintended consequence and have detrimental effects on safety, investment and jobs.”

Mr Stone said went further and said the law should be expanded to include anyone whose negligence results in death, not just organisations and senior officers.

“Once introduced, a workplace manslaughter offence should apply to anyone who has engaged in criminally negligent conduct resulting in death, not just organisations and senior officers. Including employees can only improve safety outcomes.”

The VCCI is also expressing concerns that the laws would disproportionately impact small business. It says the operators of smaller enterprises are more likely to have a ‘hands on’ role in the business, and that overseas experience has shown that they will likely bear the brunt of these laws.

“We need laws that are equitable and that do not just target small business.”

“We also need more education and support for business to help them focus on prevention and provide the safest possible workplaces, and for WorkSafe to ensure its officials are prepared to manage the complexities of a manslaughter case (currently, manslaughter investigations are conducted by highly trained Victoria Police Officers).”

Earlier this year, a number of employer groups expressed concerns over the proposed laws, claiming they would give rise to unintended consequences which impair, rather than enhance, health and safety outcomes.

Master Builders Victoria said the laws would likely create litigious environments within organisations and regulators which would prevent learnings from incidents being properly uncovered and adopted (see related article).