Legislative Attempts To Imprison Those Prosecuted For Criminal Manslaughter In The Workplace
AbstractWhile a corporation is deemed to be a legal person for the purposes of the criminal law, corporations cannot be tried in Australia for an offence that can only be punished by imprisonment. This notion may be set to change. Legislation is now being drafted and designed to catch situations where, despite the existence of documentation appearing to require and ensure compliance with the law, the reality was that non-compliance was expected or the key players were indifferent about compliance. That is, if the persons who made the error of judgment or who acted in a callous way were the ‘guiding mind’ of the corporation, then the law might act to imprison them. The 2001 Bracks Bill in Victoria, and the 1995 Australian Federal Criminal Code Act, both of which attempt some reforms in this area, are referred to. To what extent are these types of legislative changes capable of protecting workers from dangerous corporate practices? How does a legislature best avert preventable death in the workplace? |