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State government under fire over its opposition to industrial manslaughter laws

The state government has voted against introducing an industrial manslaughter law, with unions labelling the decision “completely unacceptable”.

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TASMANIAN unions will continue their campaign for the creation of an offence of industrial manslaughter despite opposition from the government.

At a meeting of Workplace Health and Safety ministers, Tasmania, New South Wales and South Australia did not support the amendment of the model work health and safety laws to provide for industrial manslaughter.

Unions Tasmania secretary Jessica Munday condemned the government for voting against the move.

“Voting against industrial manslaughter sends a message to workers that the Tasmanian government is not prepared to hold employers to account when workers die on the job,” Ms Munday said.

“It’s completely unacceptable and Tasmania now risks becoming an outlier as one of the few states not acting on industrial manslaughter legislation.

“Unions will continue to campaign for these important laws and urge the government to reconsider.”

Police and workplace standards inspectors at the scene of a workplace fatality in Tasmania in 2013.
Police and workplace standards inspectors at the scene of a workplace fatality in Tasmania in 2013.

However, Attorney-General Elise Archer said ministers agreed to strengthen Australia’s model work health and safety laws by introducing gross negligence, or its equivalent, where a person had been exposed to the risk of serious injury, illness or death.

“By including gross negligence, the offence is broadened and should increase the number of prosecutions for Category 1 offences, which can result in imprisonment for a period of up to five years,” Ms Archer said.

“The crime of manslaughter is already provided for in Tasmania’s Criminal Code Act 1924, with a potential for a sentence of imprisonment upon conviction, as determined by the court on a case-by-case basis.

“The Tasmanian government is committed to ensuring Tasmanian workplaces are the safest in the country, and we will continue to work to ensure our laws provide the appropriate level of protection for workers.’’

ACTU assistant secretary Liam O’Brien said workplaces in Tasmania, SA and NSW would be safer for workers if employers could be held accountable for preventable deaths.

“It should not matter what post code your loved one dies in as to whether you receive justice,” he said.

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Original URL: https://www.themercury.com.au/news/politics/state-government-under-fire-over-its-opposition-to-industrial-manslaughter-laws/news-story/5ab16e0d9736d721367567a5681de325