The next Victorian State Government should not adopt industrial manslaughter laws, says the Victorian Automobile Chamber of Commerce (VACC).
Industrial manslaughter laws have recently been legislated in Queensland, making it the first Australian state to subject companies to new criminal offences of corporate manslaughter and negligently causing serious harm. Such offences include serious fines and impose criminal liability on individual directors and senior managers.
“VACC cautions against other states – including Victoria – imposing a similar law,” said VACC Chief Executive Officer, Geoff Gwilym.
“VACC argues that such legislation shifts the focus from proactive prevention to reactive retribution. What’s more, there is no evidence that increasing the severity of penalties corresponds or correlates with a reduction in workplace deaths and/or injury.”
Such a law will see a move towards expensive legal disputes rather than preventative strategies, argues VACC.
“The resources of the Victorian Court system and WorkSafe Victoria will be overburdened as the level of litigation is increased in response to the magnitude of penalties and liability. It will also serve as a serious disincentive for business to invest in Victoria,” said Mr Gwilym.
With a long history of offering its members professional occupational health and safety compliance guidance and advice, VACC acknowledges that workplace safety is a serious issue, necessitating appropriate safeguards.
VACC, however, recommends that careful consideration should be given before imposing the strong hand of the law instead of focusing on education and prevention.
“VACC opposes the introduction of any industrial manslaughter laws in this state. It’s bad for business and it’s bad for Victoria,” said Mr Gwilym.
Download VACC’s Victorian State election campaign manifesto Better Business. Better Victoria.