ARTICLE · 22 JULY 2020

First industrial manslaughter conviction in Australia

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Brisbane Auto Recycling was the first company convicted of industrial manslaughter arising from a WHS fatality matter.

AustraliaEmployment and HR

The District Court of Queensland recently imposed an industrial manslaughter conviction upon Brisbane Auto Recycling Pty Ltd ("BAR") and imposed a $3 million penalty on the company. Directors were handed a suspended jail term for their implication in a worker's death. This is the first company convicted of industrial manslaughter arising from a WHS fatality matter.

The two Directors were convicted under the Work Health and Safety Act 2011(the "WHS Act") of Category 1 offences and sentenced to ten months' imprisonment, wholly suspended for an operational period of 20 months.

Background

The fatality took place at the auto wrecking business conducted by BAR on 17 May 2019 when a casual employee was struck by a forklift. The worker subsequently died from his injuries eight days later.

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