Howdy rochie67-ga,
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The Centre for Corporate Accountability web site provides a definition
of "industrial manslaughter" in the context of the "Crimes (Industrial
Manslaughter) Amendment Act 2003" that was enacted for the Australian
Capital Territory or ACT.
http://www.corporateaccountability.org/international/australia/lawreform/capitalterrit.htm
"...
(a) a worker of the employer?
(i) dies in the course of employment by, or providing services to, or
in relation to, the employer
(ii) is injured in the course of employment by, or providing services
to, or in relation to, the employer and later dies
(b) the employer?s conduct causes the death of the worker; and
(c) the employer is?
(i) reckless about causing serious harm to the worker, or any other
worker of the employer, by the conduct;
(ii) negligent about causing the death of the worker, or any other
worker of the employer, by the conduct.
..."
There are further definitions of "reckless," etc. on the page cited
above that you might want to examine.
Some background on the legislation attempts in NSW. Information in
the square brackets "[ ]" has been added by myself to add context.
NSW Legislative Council Hansard session on "INDUSTRIAL MANSLAUGHTER
LEGISLATION" dated August 29, 2002.
http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LC20020829025
"Ms LEE RHIANNON [NSW Legislative Council (Upper House) member]:
...
What consideration has been given to the introduction of industrial
manslaughter laws in New South Wales?
...
The Hon. JOHN DELLA BOSCA [Current Member of the Legislative Council]:
...
The Government's current position on workplace deaths caused by grossly
negligent or reckless conduct is based on the findings of Professor Ron
McCallum in his review of the Occupational Health and Safety Act 1983,
which was presented to the then Attorney General, Jeff Shaw, in 1997.
Professor McCallum recommended that as the crime of manslaughter already
exists for workplace deaths caused by grossly negligent and/or reckless
conduct there is no need to place within the Occupational Health and
Safety Act a separate crime of industrial manslaughter."
NSW Legislative Council Hansard session on "INDUSTRIAL MANSLAUGHTER
LEGISLATION" dated October 16, 2003.
http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LC20031016010
"Ms LEE RHIANNON: I ask my question of the Minister for Industrial
Relations. Considering that the Minister's response to questions I
asked on 19 August last year and 25 June this year was that "New South
Wales has the toughest laws for industrial deaths"?in June the Minister
said that they are probably the toughest laws in the world?why has no
company or company boss been charged over the death of a worker?
...
The Hon. JOHN DELLA BOSCA:
...
However, in my examination of industrial manslaughter issues it has
occurred to me that there are few criminally based prosecutions as a
result of industrial fatalities; it is a fairly common problem in all
jurisdictions."
NSW Legislative Council Hansard session on "INDUSTRIAL MANSLAUGHTER
LEGISLATION" dated October 30, 2003.
http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LC20031030011
"The Hon. Dr ARTHUR CHESTERFIELD-EVANS [Current Member of the Legislative
Council]:
...
Will the Minister please provide details of all occasions in which employers
fined for safety breaches resulting in injury or death have escaped paying
those fines?
...
The Hon. JOHN DELLA BOSCA:
...
The Government has accelerated its determination to ensure that the
relevant authority can pursue the possibility of criminal recklessness
or criminal negligence on the part of an employer, where an incident has
led to a fatality in a workplace. The authority in the case of criminality
is the police."
FindLaw "Australia" Legal News article dated June 24, 2004 and titled
"NSW Advised Against Industrial Manslaughter Laws."
http://www.findlaw.com.au/news/default.asp?task=read&id=20729
"A report into workplace death and occupational health and safety laws in
NSW by a panel of legal experts has recommended against the introduction
of industrial manslaughter laws.
...
The panel was made up of experts in occupational health and safety and
industrial law Professor Ron McCallum, Sydney University's Dean of Law,
and barristers Peter Hall QC, Adam Hatcher and Adam Searle."
NSW Legislative Council Hansard session on "WORKPLACE FATALITIES INQUIRY"
dated June 28, 2004.
http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LC20040628039
"The Hon. JOHN DELLA BOSCA:
...
The panel has recommended that New South Wales introduce an additional
offence in the Occupational Health and Safety Act specifically relating
to workplace fatalities, including higher penalties for first offenders.
The panel unanimously ruled out an offence under the Crimes Act. The
group said that such legislation would be unhelpful, a retrograde step,
and only tokenistic in nature."
The Parliament of New South Wales web page on current bills shows that
Ms. Rhiannon has introduced a bill addressing industrial manslaughter.
http://www.parliament.nsw.gov.au/prod/parlment/NSWBills.nsf/0/945CD18FB69AC6E3CA256EBB0026CE70
"Crimes Amendment (Industrial Manslaughter) Bill 2004
Private Member's Bill. In Legislative Council, Notice Of Motion
[June 22, 2004]
...
Member Introduced LC: Ms Rhiannon"
To the question of whether industrial manslaughter should be made a crime
in NSW, this Australian based Lawyers Weekly article by Mark Addison speaks
to this issue in light of the ACT Crimes Act mentioned at the beginning
of this answer. His points make a strong case against a specific law that
targets industrial manslaughter.
http://www.lawyersweekly.com.au/articles/D6/0C01EAD6.asp?Type=55&Category=868
"It?s very difficult to prosecute a company for manslaughter, in the ACT
and elsewhere, due to common law principles required to attribute criminal
liability to a company. Usually, the law does not recognise vicarious (ie
substituted or delegated) liability for criminal acts.
...
Under the current Crimes Act in each state, individuals can already be
charged with manslaughter when they contribute to the death of another
person.
...
In NSW, Victoria and Queensland, offenders face fines ranging from up to
$88,000 in Queensland to $825,000 in NSW and individuals can be given jail
terms of between two and five years.
...
All states and territories have criminal legislation that can convict an
individual employer of manslaughter. Statistics indicate the educative
approach by our state WorkCover authorities is working, with injuries and
fatalities steadily declining, so perhaps we should let these authorities
continue their job within the confines of the current OHS [Occupational
Health and Safety] legislation, even after any penalties are strengthened."
As this is a complex matter, I would suggest you read the above references
in detail, and look at the results that the searches below produce for a
more comprehensive view of the issues.
If you need any clarification, feel free to ask.
Search strategy was Google searches on:
"industrial manslaughter" definition
://www.google.com/search?q=%22industrial+manslaughter%22+definition
"industrial manslaughter" NSW
://www.google.com/search?q=%22industrial+manslaughter%22+NSW
"industrial manslaughter" NSW legislation
://www.google.com/search?q=%22industrial+manslaughter%22+NSW+legislation
"industrial manslaughter" NSW legislation site:.parliament.nsw.gov.au
://www.google.com/search?q=%22industrial+manslaughter%22+NSW+legislation+site%3A.parliament.nsw.gov.au
"Crimes Amendment" "Industrial Manslaughter" Bill 2004
://www.google.com/search?q=%22Crimes+Amendment%22+%22Industrial+Manslaughter%22+Bill+2004
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