The Northern Territory Government is seeking comments and feedback on the Work Health and Safety (National Uniform Legislation) Amendment Bill 2019 which will introduce the new offence of industrial manslaughter.
The proposed industrial manslaughter offence will ensure all businesses, regardless of the business size, face the same level of penalty if reckless or negligent conduct has caused a workplace fatality, according to the NT Government.
Currently, individuals can be charged with manslaughter for a workplace fatality under the Northern Territory’s Criminal Code.
This means an individual operating a small business as a sole trader, in a partnership or trustee of a trust can face a maximum penalty of life in prison.
There is no equivalent penalty for a body corporate under the Criminal Code and the maximum fine currently for a body corporate under the Work Health and Safety (National Uniform Legislation) Act 2011 is $3 million for a Category 1 offence.