CIVIL CONSTRUCTION
CHANGES TO WORKPLACE MANSLAUGHTER LEGISLATION
IN VICTORIA by John Kilgour, CEO, Civil Contractors Federation Victoria
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From 2020, businesses and officers in Victoria whose negligent conduct causes a workplace death may be guilty of workplace manslaughter under sweeping new legislation introduced by the Andrews Labor Government. Here, the CCF takes a closer look at how this change could impact civil construction businesses, and provide a rundown of what you need to know.
n 26 November 2019, the Victorian Parliament passed the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019 (WM Bill), which will amend the Occupational Health and Safety Act 2004 (Vic) (OHS Act) and introduce the workplace manslaughter offences. In Victoria, both businesses and officers can be charged with workplace manslaughter. Where a business – which includes companies, associations and partnerships – is found guilty, they could face fines of up to AU$16.5 million. Individuals who conduct a business (but not a volunteer), together with officers, could face up to 20 years jail if found guilty. While no commencement date has been announced for the workplace manslaughter offence, it is expected that it will apply to any negligent conduct occurring on or after 1 July 2020. It is important to appreciate that not every act or omission causing a workplace death will amount to workplace manslaughter. The act or omission must involve criminal negligence. This requires “a great falling short of the standard of care that would have been undertaken by a reasonable person in the circumstances” where there is a high risk of death, serious injury or serious illness (section 39E of the WM Bill). This is an emotional issue and there are community expectations that the new offence will lead to prosecutions and jail terms.
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March 2020 // Issue 14
CCF’S VIEW ON THE NEW OFFENCES A person will be guilty of workplace manslaughter where they: 1. Engage in negligent conduct, and 2. That conduct amounts to a breach of the OHS duty owed to another person; and 3. That conduct causes the death of the other person (section 39G (1) of the WM Bill) Section 39G (2) of the WM Bill creates a similar offence where it is an officer’s negligent conduct that causes the person's death. The Victorian Government hopes that the deterrent of workplace manslaughter, together with the threat of imprisonment, will provide a greater incentive for businesses to improve workplace safety and help stem the number of workplace deaths. While any workplace death is lamentable, it is CCF’s held view that the introduction of this offence won’t enhance safety outcomes, but will deny fair legal process, and have detrimental effects on investment and employment in our industry. CCF made a series of representations and engaged extensively with other membership bodies, the State Opposition and Crossbench members, seeking amendments to the proposed Bill in our push for a better, fairer and, above all, safer industry in this state. CCF and other industry groups had significant concerns about the content of the proposed www.infrastructuremagazine.com.au
