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ARTICLE · 25 MAY 2022

Industrial manslaughter laws in Australia: trends and implications

The responsibility to create and maintain a safe work environment is paramount. Recent Qld example discussed.

AustraliaEmployment and HR

R v Jeffrey Owen [2022] QDCSR 168

Many of Australia's states and territories have passed legislation amending their respective work health and safety acts to include the offence of industrial manslaughter (see related article here). In a recent common law development, Judge Cash QC of the Queensland District Court has sent a clear message to Queensland business owners that the responsibility to create and maintain a safe work environment is paramount.

R v Jeffrey Owen: in brief

In July 2019, Mr Ormes was tragically killed after a generator fell from the tines of a forklift and landed on him while he was carrying out work-related duties for his long-standing friend and Gympie business owner, Mr Owen. Mr Ormes was neither an employee nor contractor to the business but rather, volunteered his time. On 25 March 2022, a jury convicted Mr Owen of industrial manslaughter, an offence punishable by up to 20 years imprisonment in Queensland.

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