Report 122 (2009) - Workplace deaths - Law Reform Commission : Lawlink NSW

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Report 122 (2009) - Workplace deaths Table of contents Updates and background for this project (Digest) How to buy a copy of this Report PDF version Terms of reference Division members Officers of the Commission Executive summary 1. INTRODUCTION THIS REVIEW RESPONDING TO THE TERMS OF REFERENCE Lack of relevant empirical information Developments in OHS laws since 2005 OUR APPROACH A NOTE ON TERMINOLOGY 2. WORKPLACE DEATH OFFENCES IN OHS LAW AND GENERAL CRIMINAL LAW OCCUPATIONAL HEALTH AND SAFETY OFFENCES MANSLAUGHTER The liability of corporations The identification doctrine Aggregation approach Corporate fault model The use of the criminal law 3. THE DEVELOPMENT OF A WORKPLACE DEATHS OFFENCE NSW LEGISLATIVE COUNCIL STANDING COMMITTEE THE McCALLUM REPORT THE 2004 BILL COMMUNITY CONSULTATION THE NEW LAW IS ENACTED 4. PART 2A OF THE OHS ACT THE AIMS AND OBJECTIVES OF PART 2A THE OFFENCE RECKLESSNESS The meaning of recklessness Is recklessness too high a threshold? The Commission’s view APPLICATION TO CORPORATIONS APPLICATION TO DIRECTORS AND MANAGERS CAUSATION DEFENCES PENALTIES A SUMMARY OFFENCE RESTRICTIONS ON THE INITIATION OF PROCEEDINGS VICTIM IMPACT STATEMENTS APPEALS 5. PROSECUTION UNDER CRIMINAL LAW SHOULD WORKPLACE DEATHS BE PROSECUTED UNDER GENERAL CRIMINAL LAW? The differing views Establishing corporate criminal liability An industrial manslaughter offence WHAT SENTENCING OPTIONS SHOULD BE AVAILABLE? APPENDIX : THE LAW IN OTHER JURISDICTIONS AUSTRALIAN JURISDICTIONS Overview of general occupational health and safety provisions Workplace death equivalent provisions Commonwealth Australian Capital Territory Victoria Queensland South Australia Western Australia Tasmania OTHER JURISIDICTIONS New Zealand United Kingdom Criticism of the Act Canada Occupational health and safety legislation Criminal corporate liability for workplace deaths and negligence The United States TABLES Table of cases Table of legislation BIBLIOGRAPHY

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