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Change the rules on Industrial Manslaughter

Greens MLC Tammy Franks will introduce a Bill designed to create a new offence of “Industrial Manslaughter” in South Australia.

Under this Bill, and employer is guilty of an offence, with a maximum fine of $1,000,000 and up to 20 years imprisonment, if:

  1. The employer breaches their duty of care;
  2. An employer knew, or was recklessly indifferent, that the act or omission constituting the breach would create a substantial risk of serious harm to a person;
  3. The breach causes the death of a person.

Quotes attributable to Tammy Franks MLC:

“South Australia needs specific laws to protect employee and prevent employers from taking shortcuts that may endanger workers’ lives. This Bill seeks to capture a very small minority of employers who cruelly put their workers through unnecessary risk and would only apply in the event that an employee tragically dies. We need to change the rules – and our workplace laws – to deter negligent employers."

“As legislators, it is our responsibility to ensure that employers have a genuine incentive to provide a safe workplace. We have many carrots in our system, but we do need a few sticks."

“The Greens want to ensure that employers are taking their duty of care to their employees seriously. Every single workplace death is significant. Each one is a tragedy that will affect the lives of many others forever."

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