Bills

Work Health and Safety (Industrial Manslaughter) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 6 May 2015.)

The Hon. T.T. NGO (22:20): I rise to indicate my intention to refer this bill to the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation for further exploration and consideration. Before doing so, I would like to make a few remarks about this bill.

In the past 10 years there has been a great deal of review and change to the work health and safety legislation. Consideration has been given to the offence of industrial manslaughter within these laws as part of a local and national review. In 2006 the SafeWork SA Advisory Committee considered amending the now repealed Occupational Health, Safety and Welfare Act 1986 to include an offence of industrial manslaughter. They recommended against creating an offence of industrial manslaughter. In 2008 it was again considered, this time as part of the National Review into Model Occupational Health and Safety Laws. Again, it was rejected.

The Work Health and Safety Act 2012 (SA), consistent with the national model, does not contain an offence of industrial manslaughter. The Australian Capital Territory is currently the only jurisdiction with a specific offence of industrial manslaughter. That was introduced in 2003. However, it is important to note that it is contained within the Criminal Code rather than within its work health and safety legislation.

This government has historically opposed introduction of an industrial manslaughter offence. Manslaughter offences in South Australia are a matter for the criminal jurisdiction and may be prosecuted under the provisions of the Criminal Law Consolidation Act 1935. The term 'manslaughter' has well-established meaning and precedents in the context of general criminal law and is not consistent with work health and safety legislation. The offence is inconsistent with a philosophy and intent of work health and safety legislation, where culpability is established by unlawful exposure to risk of death, injury or illness rather than by the final consequences of that exposure.

South Australia's work health and safety laws contain three escalating duty of care offences based on the seriousness of the breach and level of risk. The highest level of offence, category 1, is based on recklessness with regard to exposure to risk of death or serious injury or illness, with a maximum corporate penalty of $3 million and a maximum individual penalty of $600,000 or five years' imprisonment, or both. The current penalties offer a very significant deterrent to those with a health and safety duty who engage in conduct that exposes individuals to a risk of death, serious injury, or illness. With that, I move to amend the second reading motion as follows:

Leave out all words after 'that' and insert 'the bill be withdrawn and referred to the Occupational Safety, Rehabilitation and Compensation Committee.'

The Hon. R.I. LUCAS (22:24): The Liberal Party's position on proposals for industrial manslaughter legislation is well known and well established, and that is similar to the government's position—we have not supported it. However, we have no concerns about the issue being canvassed again by this particular standing committee of the parliament.

There have been some interesting developments in recent times in relation to the prosecution of a particular manslaughter case under the criminal law in South Australia anyway and so it may well be that the committee can look at recent developments in that area, as well as what has occurred in other jurisdictions.

The Liberal Party's position remains much the same as the government's position, and that is to oppose the specific introduction of further industrial manslaughter legislation. I repeat, we have no concerns about the occupational health and safety committee having a look at this area and reporting to the parliament at some time in the future.

The Hon. J.A. DARLEY (22:26): I rise to support the motion to refer the matter to the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation. The work of my predecessor and colleague, Senator Nick Xenophon, in this area is well known. There have also been significant changes to work health and safety legislation since he left this place. Given these changes and the ongoing debate over industrial manslaughter, an inquiry will provide the opportunity to consider the issue of appropriate penalties for workplace accidents that result in the death of a worker, as well as the opportunity for relevant stakeholders to provide their input.

The Hon. T.A. FRANKS (22:26): I would like to thank the Hon. Tung Ngo, the Hon. Rob Lucas and the Hon. John Darley for their contributions, and for the willingness to canvass this issue through the committee and I look forward to seeing the consultations that are undertaken through that. I will, noting the hour, keep it brief and indicate that, of course, I support the amendment to the motion.

Amendment carried; motion as amended carried; order of the day discharged.