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Sweeping changes to the Victorian EPA Act are proposed to commence on 1 July 2021. This session includes a brief overview of the changes, a brief consideration of transitional provisions and will focus one of the central changes to the Act being the introduction of a new environmental duty.
The session covers the new duty and explore the relationship with the overarching duties found in occupational health and safety legislation.
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.