A fine is the most common penalty imposed when sentencing an offender for an offence under the Work Health and Safet Act 2011. There are also several orders available at sentencing, in addition to or other than a fine, that may present as more attractive options to an offender, the prosecution and the court.
Industrial manslaughter occurs when an individual (worker or other person) dies at work due to negligence by a business or its senior officer. It is a criminal offence.
Common interest privilege (CIP) is an extension of legal professional privilege (LPP) and applies to the sharing of privileged information between parties with a mutual interest in the outcome of litigation or legal matters.
In this article, we define and identify psychosocial hazards (risks to psychological health) in the workplace in Queensland and the duties PCBUs, officers and workers have in relation to such hazards.
Under the Work Health and Safety Act 2011 (Qld), a company officer has a duty to exercise due diligence to ensure the person conducting a business or undertaking (PCBU) complies with its health and safety duties.
Under the Work Health and Safety Act in Queensland, penalties for offences relating to breaches of health and safety duties have not increased since the WHS regime was introduced in 2012. For several years there has been ongoing debate regarding two key considerations with respect to the sentencing process for breaches of duties owed under the WHS Act.