In his address to parliament, Della Bosca said the new bill was aimed at rogue employers and employees “whose indifference to occupational health and safety results in death”

 

The changes represent concessions in the face of widespread opposition to the original bill. For instance a person convicted under the OHS Act of causing death will have a right of appeal and if convicted will be able to appeal to the Court of Criminal Appeal.

 

The new bill - the Occupational Health and Safety Amendment (Workplace Deaths) Bill 2005 – outlines a significant increase in penalties. Individuals will face a maximum penalty of up to $165,000 and/or up to five years imprisonment. Corporations face up to $1.65 million in fines.

 

Under the draft bill a person will be found guilty of the offence if their conduct causes death of another person at work; they owe a duty of care under the OHS Act; and they acted recklessly.

 

The new draft bill does remove the deeming provisions in regard to directors and managers but wants them still to be charged if they have acted recklessly themselves.

 

The draft bill provides for more leniency for pleading defence if a person can prove there was a reasonable excuse for their conduct…“that is that their actions were justified given all the facts and circumstances of the incident”

 

Lawyers Sparke Helmore will present a seminar on the draft bill on June 1 in Sydney and June 2 in Newcastle.