Making industrial manslaughter a crime is unfinished business in the South Australian Parliament, with Labor having previously committed to supporting industrial manslaughter legislation but the laws failing to pass through Parliament.
Labor supported making industrial manslaughter a crime in opposition. The Greens will ensure that they not only continue to support it, but legislate it now that they’re in Government
Under the Greens’ Bill an employer is guilty of an offence, with a maximum fine of $13 million 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:
“The Parliament has considered and debated industrial manslaughter laws on several occasions in the past, yet despite broad support we still haven’t passed an actual Bill. Given we all seem to agree that industrial manslaughter should be a crime, let’s hope this year we all come together and actually make it one."
“South Australia needs specific laws to protect employees 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."
Kill a Worker, Go to Jail: Greens to Reintroduce Industrial Manslaughter Law
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