25 years behind bars: Victoria expands scope of workplace manslaughter penalties

The Victorian Government plans to expand the scope of workplace manslaughter penalties in their state, increasing the possible jail terms for criminal negligence from 20 years to 25 years. If you’re a small-medium Victorian business, Recovery Partners can offer you free advice* to ensure you’re taking all the right steps to keep your employees safe and avoid the risk of penalties like these.

Victoria upgrades maximum jail terms to 25 years

In November 2019, Victoria introduced an Amendment Bill (Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019) to enshrine the offence of workplace manslaughter (or industrial manslaughter) in law. The Bill allowed for a maximum jail term of 20 years for company officers, employers, or self-employed persons who had negligently caused the death of a worker or a member of the public (fines of up to $16.5 million for body corporates were also included). As of this week, the proposed maximum jail term has been upgraded to 25 years in a move that Attorney-General Jill Hennessy says is designed to provide courts with the ability to impose sentences that reflect a broader range of culpability.

Workplace manslaughter laws come into effect July 1

Victorian workplace manslaughter laws will come into effect from July 1. In Victoria, a person can be found guilty of workplace manslaughter when they: 1. engage in negligent conduct; and 2. that conduct amounts to a breach of an OHS duty owed to an individual; and 3. that conduct results in the death of that individual. Workplace manslaughter laws may apply even when the death of the individual in question occurs some time after the relevant incident. Situations where a worker develops silicosis or asbestosis may be applicable, as may situations where a workplace-associated psychological injury leads to an individual’s suicide.

Receive FREE safety advice from Recovery Partners

As an employer, it’s now more important than ever that you make sure your safety systems are up to scratch. If you’re a small or medium-sized Victorian business (with up to 60 employees), you may be eligible for free independent advice from a Recovery Partners Safety Consultant. We’re proud to be a preferred provider under WorkSafe Victoria’s OHS Essentials Program that helps businesses like you ensure you’re taking all the right steps to keep your employees safe and your business protected. The penalties are too steep to ignore. Under the OHS Essentials program, a consultant will visit your workplace to evaluate existing and potential risks and hazards, then work with you to develop an action plan to address them.

Does this sound like something you and your business could benefit from? Contact Chi Ly on 0437 870 190 or email chil@rrp.com.au to get started. Are you an employer at a bigger business who needs a check-up and a clean bill of health for your safety system? We’ve got you covered.  

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Our consultants love to have a chat, so go ahead and give us a call on 1300 OHS RTW (647 789) or email enquiries@rrp.com.au

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