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The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia

The submission to the Senate Education and Employment Reference Committee regarding its review into the framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia was prepared by the Law Council.

The Law Council acknowledges the assistance of its National Criminal Law Committee, the Industrial Law Committee of the Federal Litigation and Dispute Resolution Section, the Queensland Bar Association and the Queensland Law Society in the preparation of this submission.

The Law Council has limited its comments to the issue of industrial manslaughter offences and the harmonisation of workplace safety legislation between the states, territories and Commonwealth (Term of Reference (a)) and jurisdictional issues surrounding workplace investigations which cross state and territory boundaries (Term of Reference (b)).

The Law Council is a strong advocate for consistent and effective work health and safety (WHS) laws that promote safety and prevent workplace injuries. Nationally consistent laws based on the Model WHS Laws were developed in 2011 by Safe Work Australia and have been enacted with only minor changes by the Commonwealth, New South Wales, the Northern Territory, and Tasmania. Queensland and the Australian Capital Territory (ACT) also have Acts that reflect the Model WHS Laws, although, in a manner that is not consistent with those laws, those jurisdictions also have industrial manslaughter offences, as described in the submission below.

You can read the full submission below.

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