South Australian Current Acts South Australian Current Acts (1) A person (being a
person conducting a business or undertaking or an officer of a
person conducting a business or undertaking) commits an industrial
manslaughter offence if—
(a) the
person has a health and safety duty; and
(b) the
person engages in conduct that breaches that duty; and
(c) the
conduct causes the death of an individual to whom that duty is owed; and
(d) the
person—
(i)
engages in the conduct with gross negligence; or
(ii)
is reckless as to the risk to an individual of death or
serious injury or illness.
Maximum penalty:
(a) in
the case of an offence committed by an individual as a person
conducting a business or undertaking or as an officer of a person conducting a
business or undertaking—20 years imprisonment;
(b) in
the case of an offence committed by a body
corporate—$18 000 000.
(2) For the purposes
of this section, conduct causes the death of an individual if it substantially
contributes to the death.
(3) If at the trial of
a person for an offence against this section the trier of fact is not
satisfied that the accused is guilty of the offence charged but is satisfied
that the accused is guilty of a Category 1 offence, a Category 2
offence or a Category 3 offence, the trier of fact may bring a verdict
that the accused is guilty of that offence if the proceedings for the offence
charged commenced within the applicable limitation period for the lesser
offence.
(4) To avoid doubt, an
offence against this section is a major indictable offence.