Senate debates Motions

Industrial Manslaughter Laws


Deborah O'Neill

Deborah O'Neill NSW, Australian Labor Party

12:29 pm

Before moving general business notice of motion No. 644 I inform the chamber that Senator Bilyk will also sponsor this motion. I, and also on behalf of Senator Bilyk, move:

That the Senate—

(a) recognises that:

  (i) since the report of the Senate Education and Employment References Committee "They never came home—the framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia" in late 2018, 190 workers have lost their lives in the workplace,

  (ii) as of 4 June 2020, 78 Australian workers have died on the job this year, and

  (iii) these preventable workplace fatalities highlight the urgent need for industrial manslaughter laws to protect workers;

(b) congratulates the Victorian, Australian Capital Territory, Queensland and Northern Territory governments for passing comprehensive industrial manslaughter laws; and

(c) calls on the Federal Government to act on the recommendations of the "They never came home" report, which has been gathering dust since October 2018.

Jonathon Duniam

Jonathon Duniam Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries

12:30 pm

I seek leave to make a short statement.

Scott Ryan

Scott Ryan President

Leave is granted for one minute.

Jonathon Duniam

Jonathon Duniam Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries

The government recognises the introduction in some jurisdictions of an industrial manslaughter offence; however, before the Commonwealth determines a final position on this issue, it's important to first determine whether established general offences of criminal manslaughter in each jurisdiction and existing specific criminal offences in the workplace health and safety laws are working as intended. The government has commenced working with all jurisdictions to examine current enforcement, investigation and prosecution practices as a first step to driving changes that will safeguard Australian workplaces.

Scott Ryan

Scott Ryan President

The question is that motion No. 644 be agreed to.