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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Criminal Code Amendment (Industrial Manslaughter) Bill 2017 Contents 1. Short title 2 2. Code amended 2 3. Chapter XXVIIIA inserted 2 Chapter XXVIIIA -- Industrial manslaughter 291A. Terms used 2 291B. Industrial manslaughter by employer 4 291C. Industrial manslaughter by senior officer 4 291D. Orders that may be made against convicted body corporate 5 11--1 page i Western Australia LEGISLATIVE COUNCIL (Introduced by Hon Ms Alison Xamon, MLC) Criminal Code Amendment (Industrial Manslaughter) Bill 2017 A Bill for An Act to amend The Criminal Code. The Parliament of Western Australia enacts as follows: page 1 Criminal Code Amendment (Industrial Manslaughter) Bill 2017 s. 1 1 1. Short title 2 This is the Criminal Code Amendment (Industrial 3 Manslaughter) Act 2017. 4 Note: Under the Interpretation Act 1984 section 20(2), this Act comes into th 5 operation on the 28 day after the day on which it receives the Royal 6 Assent. 7 2. Code amended 8 This Act amends The Criminal Code. 9 3. Chapter XXVIIIA inserted 10 After Chapter XXVIII insert: 11 12 Chapter XXVIIIA -- Industrial manslaughter 13 291A. Terms used 14 (1) A term has the same meaning in this Chapter as it has 15 in the Occupational Safety and Health Act 1984, unless 16 the contrary intention appears in this Chapter. 17 (2) In this Chapter -- 18 cause, in relation to a death, means to cause or 19 substantially contribute to the death; 20 conduct means an act or an omission to do an act; 21 officer, of a body corporate, has the meaning given by 22 the Corporations Act 2001 (Commonwealth) section 9; 23 public authority means -- 24 (a) a Minister of the Crown acting in the Minister's 25 official capacity; or 26 (b) a State Government department, State trading 27 concern, State instrumentality or State agency; 28 or page 2 Criminal Code Amendment (Industrial Manslaughter) Bill 2017 s. 3 1 (c) any other body or person, whether corporate or 2 not and including a local government, that 3 under a written law administers or carries on a 4 social service or public utility for the benefit of 5 the State or a part of the State; 6 senior officer, of an employer, means -- 7 (a) if the employer is a public authority -- any of 8 the following -- 9 (i) the Minister of the Crown concerned or 10 to whom the administration of the 11 public authority has been committed by 12 the Governor; 13 (ii) a person occupying a position of chief 14 executive officer (however described) in 15 the public authority in relation to the 16 functions exercised by the authority; 17 (iii) a person occupying an executive 18 position (however described) in the 19 public authority who makes, or takes 20 part in making, decisions affecting all, 21 or a substantial part, of the functions 22 exercised by the authority; 23 (b) if the employer is a body corporate but not a 24 public authority -- an officer of the body 25 corporate; or 26 (c) if the employer is another entity -- any of the 27 following -- 28 (i) a person occupying an executive 29 position (however described) in relation 30 to the entity who makes, or takes part in 31 making, decisions affecting all, or a 32 substantial part, of the functions 33 exercised by the entity; page 3 Criminal Code Amendment (Industrial Manslaughter) Bill 2017 s. 3 1 (ii) a person who would be an officer of the 2 entity if the entity were a body 3 corporate. 4 291B. Industrial manslaughter by employer 5 An employer is guilty of a crime and is liable to 6 imprisonment for life if -- 7 (a) an employee of the employer -- 8 (i) dies in the course of employment by, or 9 providing services to, or in relation to, 10 the employer; or 11 (ii) is injured in the course of employment 12 by, or providing services to, or in 13 relation to, the employer and later dies; 14 and 15 (b) the employer's conduct causes the death of the 16 employee; and 17 (c) the employer -- 18 (i) knew the conduct would be likely to 19 cause the death of, or serious harm to, 20 the employee; but 21 (ii) acted, or failed to act, in disregard of 22 that likelihood. 23 291C. Industrial manslaughter by senior officer 24 A senior officer of an employer is guilty of a crime and 25 is liable to imprisonment for life if -- 26 (a) an employee of the employer -- 27 (i) dies in the course of employment by, or 28 providing services to, or in relation to, 29 the employer; or page 4 Criminal Code Amendment (Industrial Manslaughter) Bill 2017 s. 3 1 (ii) is injured in the course of employment 2 by, or providing services to, or in 3 relation to, the employer and later dies; 4 and 5 (b) the senior officer's conduct causes the death of 6 the employee; and 7 (c) the senior officer -- 8 (i) knew the conduct would be likely to 9 cause the death of, or serious harm to, 10 the employee; but 11 (ii) acted, or failed to act, in disregard of 12 that likelihood. 13 291D. Orders that may be made against convicted body 14 corporate 15 (1) In this section -- 16 Commissioner means the person holding the office of 17 WorkSafe Western Australia Commissioner under the 18 Occupational Safety and Health Act 1984 section 9. 19 (2) This section applies if a court convicts a body 20 corporate of an offence against section 291B. 21 (3) In addition to any other penalty the court may impose 22 on the body corporate, the court may order the body 23 corporate to do one or more of the following -- 24 (a) to take any action specified by the court to 25 publicise -- 26 (i) the offence; and 27 (ii) the deaths or serious injuries or other 28 consequences resulting from or related 29 to the conduct from which the offence 30 arose; and 31 (iii) any penalties imposed, or other orders 32 made, because of the offence; page 5 Criminal Code Amendment (Industrial Manslaughter) Bill 2017 s. 3 1 (b) to take any action specified by the court to 2 notify one or more specified persons of the 3 matters specified under paragraph (a); 4 (c) to undertake a project specified by the court for 5 the general improvement of occupational safety 6 and health within the period specified in the 7 order. 8 (4) In making an order under subsection (3), the court -- 9 (a) may specify a period within which the body 10 corporate must comply with the order; and 11 (b) may impose any other requirement that it 12 considers necessary or desirable for 13 enforcement of the order or to make the order 14 effective. 15 (5) The total cost to the body corporate, in relation to a 16 single offence, of -- 17 (a) any fine imposed for the offence; and 18 (b) complying with any order or orders made under 19 this section in relation to the offence, 20 must not exceed $5 000 000. 21 (6) If the court decides to make an order under 22 subsection (3), it must, in determining the kind of 23 order, take into account, so far as practicable, the 24 financial circumstances of the body corporate and the 25 nature of the burden that compliance with the order 26 would impose. 27 (7) The court is not prevented from making an order under 28 subsection (3) only because it has been unable to find 29 out the financial circumstances of the body corporate. 30 (8) If a body corporate fails, without reasonable excuse, to 31 comply with an order made under subsection (3)(a) 32 or (b) within the specified period (if any), the court, on page 6 Criminal Code Amendment (Industrial Manslaughter) Bill 2017 s. 3 1 an application made by the Commissioner, may order 2 the Commissioner -- 3 (a) to do anything that is necessary or convenient 4 to carry out any action that remains to be done 5 under the order made against the body 6 corporate and that it is still practicable to carry 7 out; and 8 (b) to publicise the failure of the body corporate to 9 comply with the order. 10 (9) Subsection (8) does not prevent contempt of court 11 proceedings from being commenced or continued 12 against a body corporate that has failed to comply with 13 an order made under this section. 14 (10) The Commissioner's reasonable costs of complying 15 with an order made under subsection (8) are a debt 16 owed to the State by the body corporate concerned. 17 18
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