❓ The Minister for Industrial Relations outlines the two proposed industrial manslaughter offences, their penalties, and the government's commitment to worker safety, referencing the Boland review and similar legislation in other states. They anticipate bipartisan support for the legislation.
AnsweredQoN 677Legislative Assembly
QuestionView source ↗
INDUSTRIAL MANSLAUGHTER
677. Ms M.M. QUIRK to the Minister for Industrial Relations:
I
refer to the McGowan Labor government's commitment to protecting Western
Australian workers by strengthening and modernising the state's
workplace safety laws, including through the introduction of the offence of
industrial manslaughter.
(1) Can the
minister outline to the house what the two proposed offences of industrial manslaughter
will mean for workplaces across the state?
(2) Can the
minister advise the house how these reforms will build on this government's
record of supporting WA workers?
677. Ms M.M. QUIRK to the Minister for Industrial Relations:
I
refer to the McGowan Labor government's commitment to protecting Western
Australian workers by strengthening and modernising the state's
workplace safety laws, including through the introduction of the offence of
industrial manslaughter.
(1) Can the
minister outline to the house what the two proposed offences of industrial manslaughter
will mean for workplaces across the state?
(2) Can the
minister advise the house how these reforms will build on this government's
record of supporting WA workers?
AnswerView source ↗
I thank the member for the question.
It is a very important one.
(1)–(2) I
begin by thanking the Premier for his leadership. He personally requested that
we hire those additional WorkSafe inspectors, and that would never have
happened without his leadership. It is the single largest increase in resources
for WorkSafe in the state's history.
The federal government commissioned,
through WorkSafe Australia, the Boland review into work health and safety laws in this country. Back in 1984,
when we introduced the Occupational Safety and Health Act in Western Australia,
it was world-leading legislation, but it has not kept pace with reform. The
work health and safety laws are being prepared for introduction in Western Australia,
but the Boland review, commissioned by the federal government, has examined
those laws and recommended that the offence of industrial manslaughter be
included in work health and safety legislation. As we are currently preparing
our laws, we were able to accommodate that recommendation from the Boland
review commissioned by the federal government and supported by a Senate
inquiry.
Criminal
law is limited when dealing with workplace breaches because although in theory
the Criminal Code could be applied to
a particular workplace death, it is very, very difficult for a whole range of
reasons for it to be applied in practice. A standalone penalty relating to
industrial manslaughter is needed. We need to hear some of the stories that
have occurred here—people such as Wesley Ballantine who was only 17 years
old when he died and Jayden Zappelli was only 18 years old when he died. They
were both preventable deaths. We have seen the offence of industrial
manslaughter in operation in the Australian Capital Territory and
Queensland, and it is on its way in Victoria. We will introduce two classes of
industrial manslaughter. Industrial manslaughter class 1 will be heard in the
District Court for only the most egregious cases and includes a maximum penalty
of 20 years' imprisonment. Industrial manslaughter class 2 will include
a penalty of 10 years' imprisonment and can be dealt with in the
Magistrates Court. The prosecution will need to establish that there was a high
risk of serious injury or illness and the defendant fell short of the standard
of care. The new offences will also carry fines of up to $10 million for a body
corporate.
I am sure that I speak on behalf of
every member in this house in welcoming the government's action to deal
with the question of workplace deaths by introducing the offence of industrial
manslaughter. I am sure that this legislation will be strongly supported by my
parliamentary colleagues in the Liberal Party and the Nationals WA because I am
sure that they are as dedicated to protecting workers in this state as I am. I expect
a speedy passage of this legislation through both houses of Parliament.
It is a very important one.
(1)–(2) I
begin by thanking the Premier for his leadership. He personally requested that
we hire those additional WorkSafe inspectors, and that would never have
happened without his leadership. It is the single largest increase in resources
for WorkSafe in the state's history.
The federal government commissioned,
through WorkSafe Australia, the Boland review into work health and safety laws in this country. Back in 1984,
when we introduced the Occupational Safety and Health Act in Western Australia,
it was world-leading legislation, but it has not kept pace with reform. The
work health and safety laws are being prepared for introduction in Western Australia,
but the Boland review, commissioned by the federal government, has examined
those laws and recommended that the offence of industrial manslaughter be
included in work health and safety legislation. As we are currently preparing
our laws, we were able to accommodate that recommendation from the Boland
review commissioned by the federal government and supported by a Senate
inquiry.
Criminal
law is limited when dealing with workplace breaches because although in theory
the Criminal Code could be applied to
a particular workplace death, it is very, very difficult for a whole range of
reasons for it to be applied in practice. A standalone penalty relating to
industrial manslaughter is needed. We need to hear some of the stories that
have occurred here—people such as Wesley Ballantine who was only 17 years
old when he died and Jayden Zappelli was only 18 years old when he died. They
were both preventable deaths. We have seen the offence of industrial
manslaughter in operation in the Australian Capital Territory and
Queensland, and it is on its way in Victoria. We will introduce two classes of
industrial manslaughter. Industrial manslaughter class 1 will be heard in the
District Court for only the most egregious cases and includes a maximum penalty
of 20 years' imprisonment. Industrial manslaughter class 2 will include
a penalty of 10 years' imprisonment and can be dealt with in the
Magistrates Court. The prosecution will need to establish that there was a high
risk of serious injury or illness and the defendant fell short of the standard
of care. The new offences will also carry fines of up to $10 million for a body
corporate.
I am sure that I speak on behalf of
every member in this house in welcoming the government's action to deal
with the question of workplace deaths by introducing the offence of industrial
manslaughter. I am sure that this legislation will be strongly supported by my
parliamentary colleagues in the Liberal Party and the Nationals WA because I am
sure that they are as dedicated to protecting workers in this state as I am. I expect
a speedy passage of this legislation through both houses of Parliament.
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