On 12 October 2017, the Queensland Government passed the Work Health and Safety and Other Legislation Amendment Act 2017 (Qld) (the Act). Its introduction to parliament was preceded by mounting public pressure to crack down on the regulation of workplace health and safety across the state, following two fatal incidents at Dreamworld and Eagle Farm in 2016. On the recommendation of Tim Lyons, independent reviewer for the Best Practice Review of Workplace Health and Safety, the Act introduced a number of significant provisions, most notably an ‘industrial manslaughter’ offence — arguably the biggest change since harmonisation. Given the substantial maximum penalties for the offence (20 years’ imprisonment or $10 million) and the regulator’s increased appetite to prosecute, it is vital that human resources, safety and managerial staff understand their new obligations.
Matthew Smith, Partner, will provide an overview of the industrial manslaughter offence as well as various other safety reforms introduced by the Act, including:
- amendments to the functions and powers of health and safety representatives;
- the prohibition on enforceable undertakings in certain circumstances; and
- the restoration of the status of codes of practice.
Matthew will also discuss practical steps you should take to ensure compliance.