The sentencing in the District Court of Queensland on 11
June 2020 in
The Queen v Brisbane Auto Recycling Pty Ltd and Hussaini and
Karimi 1 is the
first time the industrial manslaughter provisions
of the Work Health and Safety Act 2011 (WHS Act) have been
applied.
The sentences handed down for industrial manslaughter provide a
salutary lesson for employers and their officers who are not
"protecting workers and other persons against harm to their
health, safety and welfare through the elimination or minimisation
of risks arising from work or from particular types of substances
and plant"2 ".
In short, the court recorded a conviction after guilty pleas by
each defendant and fined the company the sum of $3 million. It also
recorded convictions against both Hussaini and Karimi and sentenced
each to 10 months imprisonment but in respect of each ordered that
the whole of the term of imprisonment be suspended for an
operational period of 20 months.
