Industrial Manslaughter Legislated in Victoria

Victoria has passed the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019 (Vic). The Bill amends the current Occupational Health and Safety Act 2004 (Vic). The Bill introduces under section 39G that ‘a person must not engage in negligent conduct that breaches an applicable duty owed to another person and causes the […]

No Wiggle Room for Falsely Claiming Personal Leave – Sean Mamo v Robjan Pty Ltd t/a Yarrawonga Toyota [2019] FWC 7900

On 28 June 2019, Mr Sean Mamo, a Toyota Yarrawonga (Victoria) car detailer, informed his employer that he wouldn’t be attending work to care for his sick child. After a photograph appeared on social media of Mr Mamo and his son attending a Wiggles concert on the same day, the Toyota dealership terminated his employment […]

Western Australian WHS Bill Update

The Work Health and Safety Bill 2019 (WA) has been introduced to the WA Legislative Assembly. Unlike other jurisdictions with one single charge of industrial/workplace manslaughter, WA is attempting to introduce two separate charges for industrial manslaughter under sections 30A and 30B of the Bill. 30A – ‘Industrial Manslaughter – Crime’ The highest penalty for […]

Crane Collapses onto Building – SafeWork NSW v Titan Cranes and Rigging Pty Ltd [2019] NSWDC714

In SafeWork NSW v Titan Cranes and Rigging Pty Ltd [2019] NSWDC714, an incident from September 2016 was pursued by SafeWork NSW within the District Court of New South Wales. A rigging crew performed a toolbox talk and discussed the process for dismantling a J-280 tower crane. Shortly after commencing work, an error in dismantling […]

WHS Fine Increased on Appeal – Reynolds v Criscon Pty Ltd [2019] QDC 252

In October 2016, two workers were crushed to death by two 14-tonne precast concrete panels during the construction of a foul water drainage tank at the Eagle Farm Racecourse, when the panels toppled into the tank pit. In September 2018, Criscon Pty Ltd plead guilty to two offences of failure to comply with duties under […]