Legislation to make industrial manslaughter an offence has been introduced into Queensland Parliament today.
It is likely The Mineral and Energy Resources and Other Legislation Amendment Bill 2020 will pass the Labor-dominated Parliament, meaning mining executives could face up to 20 years in jail if Queensland mine and quarry workers die because of their criminal negligence.
Mines Minister Dr Anthony Lynham said the legislation brought resources workplaces in line with all other Queensland workplaces.
Under the proposed laws, senior officers of a mine or quarry company can be tried for industrial manslaughter if criminal negligence is proven for a workers death.
Maximum penalties range up to $13 million and 20 years’ jail.
The Bill has been referred to the State Development, Natural Resources and Agricultural Industry Development Committee for detailed consideration
Dr Lynham said the new laws were just part of a suite of sweeping mine safety and health reforms under the Palaszczuk Government.
Those reforms include:
- better detection and prevention of black lung, and an improved safety net for affected workers.
- increased maximum penalties for offences to $4 million and powers for the regulator to issue fines without going to court.
- statewide safety reset sessions for mine and quarry workers to refocus on health and safety
- $35 million to deliver reforms to improve the safety and health of our mine workers
- a commitment to tighter controls on mine dust levels
- legislation to be debated today to establish an independent resources health and safety authority.
- extra mines inspectors.
AMMA submits member views on review of model WHS laws
In August 2019 AMMA made a submission to Safe Work Australia’s (SWA) Consultation Regulation Impact Statement (CRIS) on the impacts of implementing the Recommendations of the 2018 Review of the Model WHS laws (2018 Review) as part of the consultation process on behalf of employers in the resources and energy industry.
AMMA provided feedback on recommendations of significant concern to members in the resources and energy industry.
AMMA’s position, consistent with other business representative groups, is that there are existing, appropriate avenues within Australian criminal law for individuals to be prosecuted for gross negligence that has led to a workplace death. A framework that focuses on punitive measures to health and safety compliance diminishes an organisations’ safety culture. AMMA maintains that continuous improvement in safety outcomes in the workplace, is best driven by cooperative, proactive initiatives to enhance safety culture, not an adversarial legal approach seeking to attribute blame and liability after an accident occurs.
Click here to read more about the focus of AMMA’s submission or here to view AMMA’s entire submission.
For further information about industrial manslaughter or any other WHS policy matter, contact [email protected]
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