Bosses could face lengthy jail terms if tough new industrial manslaughter laws are introduced

The new state government is set to introduce a new law to parliament to hold employers accountable for avoidable deaths which occur in the workplace

COMPANY bosses found responsible for killing a worker could be jailed for the first time, under new industrial manslaughters laws that will be introduced to parliament.

In an effort to crackdown on safety, the state government said tough new laws will hold employers accountable for unnecessary deaths.

SA, NSW and Tasmania are without special industrial manslaughter legislation.

Elsewhere, penalties range from a maximum 20 years’ jail to life behind bars for individuals or hefty fines for firms.

Some states have a negligent clause for bosses but others are based on failure to comply with safety legislation.

SA’s laws would just cover workplace incidents.

It means the laws would be unlikely to cover cases like the death of Adelene Leong, 8, who died after being thrown from the Air Maxx 360 ride at the Royal Adelaide Show in September 2014 while on a holiday from Malaysia.

Former director of public prosecutions Adam Kimber SC declined to pursue manslaughter charges against ride owners.

They were fined after admitting failing to maintain the ride but were not forced to pay due to poor finances.

Attorney-General Kyam Maher on Sunday said the authorities were reviewing how laws could work in SA.

“Every South Australian and … family should know that if you go to work, you should expect to come home at the end … safely,” he said.

“We are now reviewing what other states have done … then we’ll consult widely with interested people and organisations that will be affected.”

Attorney-General Kyam Maher and Deputy Premier Susan Close at a commemoration at the Port Adelaide Workers Memorial on Sunday. Picture: Todd Lewis

Jorge Castillo-Riffo, 54, was fatally crushed in November 2014 while working on a scissor lift on the $2bn Royal Adelaide Hospital project.

But SafeWork SA dropped charges against lead contractor HYLC and employer SRG Building, were dropped before trial.

Mr Castillo-Riffo’s partner Pam Gurner-Hall, who has advocated for tougher laws, said there are few work accidents.

“They’re an incident, not an accident, meaning there’s usually a whole range of things that could … have made that a lot less risky,” she said.

Steve Wyatt, 63, also died on a scissor lift at the RAH site, but SafeWork SA ruled out charges.

Former Premier Jay Weatherill promised in 2018 to introduce such laws.

A bill failed to pass parliament in 2020. The Law Society has opposed such laws.

Shadow Attorney-General Josh Teague said the opposition would consider any proposed laws.

Jorge Castillo-Riffo Construction worker Jorge Castillo-Riffo, 54, died in November 2014 after he was crushed while using a scissor lift in a confined space at the Adelaide Royal Adelaide Hospital site. Supplied