Victoria’s new Crimes (Workplace Deaths and Serious Injuries) Bill shouldn’t be feared by businesses, says the state’s Director of Public Prosecutions, Paul Coglan QC. “It is really aimed at cleaning up those businesses who already have one foot on the banana peel.”

Speaking at a breakfast seminar organised by law firm Freehills, Mr Coglan said “it is not anticipated” many businesses will be prosecuted for corporate manslaughter. The real point of the legislation is to make employers more accountable for the safety of their workplaces, not more vulnerable to liabilities. 

The Bill makes a few changes to the original Occupational Health and Safety Act introduced in 1985. The first amends the privilege against self-incrimination, applying it only to individuals and not corporations.

The second change is based on the grounds on which an employer can be held liable for discriminating against an employee. It now has to be proved that the employee’s health and safety claim activity was a substantial reason for the employer’s discrimination, rather than being the only reason.

While the Bill is restricted to Victoria, it is expected that other states will eventually follow the Bracks Government’s lead.

“The Bill takes this issue to another level,” Mr Coglan said. When people breach the Trade Practices Act they face fines up to $10 million. The Bill follows the rationale that employers should be fined more for allowing employees to operate in an unsafe workplace, resulting in the death of an employee.