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Issue No. 200 | 24 October 2003 |
The Hard Yards
Interview: No Ifs, No Butts Unions: National Focus Industrial: Fools Gold Bad Boss: Bones of Contention History: The Gong Show Politics: The Hawke Legacy International: Sick Nation Economics: Closed Minds Review: Mixing Pop and Politics Poetry: One Size Fits All
Workers Rally For ‘Joel’s Law’ It’s Official: Courts Weak on Safety Cole Insider Highlights "Agenda" "Racism" as Pacific Islanders Rorted Academics Appeal to International Umpire Poll Points to Hospital Overload Aussie Icon Set To Head Overseas AWU Rejects Bid to Fleece Shearers People’s Bank to Hear From People Unions Put Students in Picture Memo ALP Members: Think About Unions
Postcard The Soapbox Media The Locker Room Culture Politics Postcard
Advance Australia Where? God Save Us All US Seeking Aussie Info Call The Doctor Bring Back Gough Bring Back Social Democracy Look East, Look West
Labor Council of NSW |
News It’s Official: Courts Weak on Safety
According to the Crown Advocate, the state government’s senior criminal law barrister, 75 per cent of workplace deaths have attracted penalties of less than 20 per cent of the statutory minimum. "The overwhelming majority of penalties imposed have been one fifth or less of the maximum," the Crown Advocate says. "There is quantitative evidence of a pattern of excessive leniency." The analysis, included in advice to the NSW Labor Council by Commerce Minister John Della Bosca adds fuel to the push for industrial manslaughter laws. The comments are based on statistics provided by the NSW Judicial Commission to WorkCover regarding prosecutions for fatalities, finding that: - 23 per cent of cases led to fines of five per cent of the maximum penalty - 48 per cent of cases led to fines 10 per cent of the maximum - 75 per cent of cases led t fines of 20 per cent of the maximum. - only nine per cent of fines attracted 50 per cent of the maximum - and there were no cases which attracted 80 per cent or above the maximum. Labor Council secretary John Robertson says the statistics show that the tough penalties under the OHS Act - $55,000 for individuals and $550,000 for companies are not being recognised by the courts. "There is a clear intention from the Parliament for tough penalties, but it seems that employers who are responsible for workplace deaths are getting soft treatment," Robertson says. Existing Laws Fall Short The Della Bosca advice also details how existing manslaughter laws have failed to lead to any prosecutions for workplace deaths. In recent times, three cases have seen manslaughter charges laid: two were rejected by the DPP on the basis that there was no reasonable prospect of conviction by a jury; the third matter went to trial but the Judge directed the jury to find the defendant not guilty. In light of the statistics Della Bosca has established a Ministerial Taskforce to be chaired by George Thompson, with representatives of Workplace, the Police Service, the DPP and the Coroner to develop a protocol too apply to the investigations of all workplace fatalities. Labor Council will have input into the review. Robertson welcomed the establishment of the task force as a positive interim measure but stressed that this does not reduce the need for a new criminal offence. Della Bosca has also undertaken to review the current legislation and introduce amendment to Parliament in early 2004.
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