Inquiry into the framework surrounding the prevention, investigation, and prosecution of industrial deaths in Australia

In this submission the AICD noted its support for all efforts by government to help eliminate the occurrence of industrial deaths and injuries entirely. We noted the comprehensive review currently being undertaken on the model workplace health and safety (WHS) legislation and advised the Committee to proceed with caution in light of this review.

The AICD encouraged future reforms to be based on the harmonisation of WHS regimes between States, Territories and the Commonwealth and noted our support for strong and effective penalties. We raised concerns regarding specific industrial manslaughter offences, noting that we were not convinced such laws will create any additional deterrent effect, overlapping with existing laws in Australia. In the event that industrial manslaughter offences are recommended by the Committee, we recommend they provide an accused with a workable and reasonably practicable defence.