Minister Kobelke responds to a question regarding the record fine issued to a hay-processing company following a workplace fatality, highlighting the government's commitment to workplace safety and planned legislative changes to increase penalties.

AnsweredQoN 1099Legislative Assembly
Asked
18 September 2003
Portfolio
Consumer and Employment Protection

QuestionView source ↗

Could the minister provide the House with details of the record fine meted out to a hay-processing company yesterday as a result of the workplace death of a 20-year-old woman at Brookton in July last year? Mr J.C. KOBELKE

AnswerView source ↗

I thank the member for some notice of this question. Regrettably, I can provide some details. It is most regrettable that we should see a prosecution in the courts following the death of someone at work. It is regrettable that there are any deaths in the workplace; but if deaths occur and there is a level of culpability that WorkSafe feels it must prosecute and the courts make a finding, it is a worse situation because these deaths were preventable. The question relates to the death of a 20-year-old, Tammy Mulroney, who was fatally injured when she became caught in a hay-baling machine on 11 July last year. WorkSafe successfully prosecuted the company and the penalty awarded by the court was a fine of some $75 000. To date this is the highest penalty awarded for negligence relating to a fatality. This Government has been conscious of the need to tackle safety in the workplace using a range of means and by changing the culture in the workplace. Getting people to accept that they must put safety first is most important. Penalties have a role and their deterrent effect is that people realise they must give attention to safety. I have been concerned that the courts have awarded penalties in the order of $7 000, $10 000 or $12 000 for the deaths of workers where there was clear culpability. In some cases even when culpability was admitted the fines were very low. The previous Government increased the maximum penalty to $200 000, but there has not been much of an increase in the penalties awarded by the courts. The report to the Government by a former commissioner, Mr Lang, recommended that penalties should be increased. I am also discussing with the Attorney General the possibility of approaching the courts to ascertain whether the sentencing guidelines should be looked at as well. We have seen the courts take these matters more seriously. An amount of $75 000 does not equate to a life, but at least it shows that the courts are getting more serious about the penalties that should be imposed when someone is killed in the workplace. We make a commitment to bring legislation to this Parliament, hopefully by early next year, to increase the maximum penalty from $200 000 to $625 000, but even that does not equate to the value of a life. It is pleasing that the courts are now starting to award substantially higher penalties when people are found culpable of causing the serious injury or death of a worker.
Mr J.C. KOBELKE replied: I thank the member for some notice of this question. Regrettably, I can provide some details. It is most regrettable that we should see a prosecution in the courts following the death of someone at work. It is regrettable that there are any deaths in the workplace; but if deaths occur and there is a level of culpability that WorkSafe feels it must prosecute and the courts make a finding, it is a worse situation because these deaths were preventable. The question relates to the death of a 20-year-old, Tammy Mulroney, who was fatally injured when she became caught in a hay-baling machine on 11 July last year. WorkSafe successfully prosecuted the company and the penalty awarded by the court was a fine of some $75 000. To date this is the highest penalty awarded for negligence relating to a fatality. This Government has been conscious of the need to tackle safety in the workplace using a range of means and by changing the culture in the workplace. Getting people to accept that they must put safety first is most important. Penalties have a role and their deterrent effect is that people realise they must give attention to safety. I have been concerned that the courts have awarded penalties in the order of $7 000, $10 000 or $12 000 for the deaths of workers where there was clear culpability. In some cases even when culpability was admitted the fines were very low. The previous Government increased the maximum penalty to $200 000, but there has not been much of an increase in the penalties awarded by the courts. The report to the Government by a former commissioner, Mr Lang, recommended that penalties should be increased. I am also discussing with the Attorney General the possibility of approaching the courts to ascertain whether the sentencing guidelines should be looked at as well. We have seen the courts take these matters more seriously. An amount of $75 000 does not equate to a life, but at least it shows that the courts are getting more serious about the penalties that should be imposed when someone is killed in the workplace. We make a commitment to bring legislation to this Parliament, hopefully by early next year, to increase the maximum penalty from $200 000 to $625 000, but even that does not equate to the value of a life. It is pleasing that the courts are now starting to award substantially higher penalties when people are found culpable of causing the serious injury or death of a worker.
I thank the member for some notice of this question. Regrettably, I can provide some details. It is most regrettable that we should see a prosecution in the courts following the death of someone at work. It is regrettable that there are any deaths in the workplace; but if deaths occur and there is a level of culpability that WorkSafe feels it must prosecute and the courts make a finding, it is a worse situation because these deaths were preventable. The question relates to the death of a 20-year-old, Tammy Mulroney, who was fatally injured when she became caught in a hay-baling machine on 11 July last year. WorkSafe successfully prosecuted the company and the penalty awarded by the court was a fine of some $75 000. To date this is the highest penalty awarded for negligence relating to a fatality. This Government has been conscious of the need to tackle safety in the workplace using a range of means and by changing the culture in the workplace. Getting people to accept that they must put safety first is most important. Penalties have a role and their deterrent effect is that people realise they must give attention to safety. I have been concerned that the courts have awarded penalties in the order of $7 000, $10 000 or $12 000 for the deaths of workers where there was clear culpability. In some cases even when culpability was admitted the fines were very low. The previous Government increased the maximum penalty to $200 000, but there has not been much of an increase in the penalties awarded by the courts. The report to the Government by a former commissioner, Mr Lang, recommended that penalties should be increased. I am also discussing with the Attorney General the possibility of approaching the courts to ascertain whether the sentencing guidelines should be looked at as well. We have seen the courts take these matters more seriously. An amount of $75 000 does not equate to a life, but at least it shows that the courts are getting more serious about the penalties that should be imposed when someone is killed in the workplace. We make a commitment to bring legislation to this Parliament, hopefully by early next year, to increase the maximum penalty from $200 000 to $625 000, but even that does not equate to the value of a life. It is pleasing that the courts are now starting to award substantially higher penalties when people are found culpable of causing the serious injury or death of a worker.
Regrettably, I can provide some details. It is most regrettable that we should see a prosecution in the courts following the death of someone at work. It is regrettable that there are any deaths in the workplace; but if deaths occur and there is a level of culpability that WorkSafe feels it must prosecute and the courts make a finding, it is a worse situation because these deaths were preventable. The question relates to the death of a 20-year-old, Tammy Mulroney, who was fatally injured when she became caught in a hay-baling machine on 11 July last year. WorkSafe successfully prosecuted the company and the penalty awarded by the court was a fine of some $75 000. To date this is the highest penalty awarded for negligence relating to a fatality. This Government has been conscious of the need to tackle safety in the workplace using a range of means and by changing the culture in the workplace. Getting people to accept that they must put safety first is most important. Penalties have a role and their deterrent effect is that people realise they must give attention to safety. I have been concerned that the courts have awarded penalties in the order of $7 000, $10 000 or $12 000 for the deaths of workers where there was clear culpability. In some cases even when culpability was admitted the fines were very low. The previous Government increased the maximum penalty to $200 000, but there has not been much of an increase in the penalties awarded by the courts. The report to the Government by a former commissioner, Mr Lang, recommended that penalties should be increased. I am also discussing with the Attorney General the possibility of approaching the courts to ascertain whether the sentencing guidelines should be looked at as well. We have seen the courts take these matters more seriously. An amount of $75 000 does not equate to a life, but at least it shows that the courts are getting more serious about the penalties that should be imposed when someone is killed in the workplace. We make a commitment to bring legislation to this Parliament, hopefully by early next year, to increase the maximum penalty from $200 000 to $625 000, but even that does not equate to the value of a life. It is pleasing that the courts are now starting to award substantially higher penalties when people are found culpable of causing the serious injury or death of a worker.
This Government has been conscious of the need to tackle safety in the workplace using a range of means and by changing the culture in the workplace. Getting people to accept that they must put safety first is most important. Penalties have a role and their deterrent effect is that people realise they must give attention to safety. I have been concerned that the courts have awarded penalties in the order of $7 000, $10 000 or $12 000 for the deaths of workers where there was clear culpability. In some cases even when culpability was admitted the fines were very low. The previous Government increased the maximum penalty to $200 000, but there has not been much of an increase in the penalties awarded by the courts. The report to the Government by a former commissioner, Mr Lang, recommended that penalties should be increased. I am also discussing with the Attorney General the possibility of approaching the courts to ascertain whether the sentencing guidelines should be looked at as well. We have seen the courts take these matters more seriously. An amount of $75 000 does not equate to a life, but at least it shows that the courts are getting more serious about the penalties that should be imposed when someone is killed in the workplace. We make a commitment to bring legislation to this Parliament, hopefully by early next year, to increase the maximum penalty from $200 000 to $625 000, but even that does not equate to the value of a life. It is pleasing that the courts are now starting to award substantially higher penalties when people are found culpable of causing the serious injury or death of a worker.
The report to the Government by a former commissioner, Mr Lang, recommended that penalties should be increased. I am also discussing with the Attorney General the possibility of approaching the courts to ascertain whether the sentencing guidelines should be looked at as well. We have seen the courts take these matters more seriously. An amount of $75 000 does not equate to a life, but at least it shows that the courts are getting more serious about the penalties that should be imposed when someone is killed in the workplace. We make a commitment to bring legislation to this Parliament, hopefully by early next year, to increase the maximum penalty from $200 000 to $625 000, but even that does not equate to the value of a life. It is pleasing that the courts are now starting to award substantially higher penalties when people are found culpable of causing the serious injury or death of a worker.

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