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Substantive Law

FREE ACCESS- Workplace Manslaughter – The new offence under the Occupational Health and Safety Act 2004 (‘OHS Act’)

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Part 5A of the OHS Act – which creates the offence of workplace manslaughter – comes into force on 1 July 2020. 

The new offence is based on common law manslaughter but does not adopt the common law test of gross negligence. It also sits in a framework of negligence offences in the OHS Act which will lead to some complexity in trials where there are multiple counts, multiple offenders or both. This session will outline the basics of the new offence, the policy behind it and the potential difficulties in its operation.

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Part 5A of the OHS Act – which creates the offence of workplace manslaughter – comes into force on 1 July 2020. 

The new offence is based on common law manslaughter but does not adopt the common law test of gross negligence. It also sits in a framework of negligence offences in the OHS Act which will lead to some complexity in trials where there are multiple counts, multiple offenders or both. This session will outline the basics of the new offence, the policy behind it and the potential difficulties in its operation.

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