Western Australian Current Acts Western Australian Current Acts (1) A person commits a
crime ( industrial manslaughter ) if —
(a) the
person has a health and safety duty as a person conducting a business or
undertaking; and
(b) the
person engages in conduct that causes the death of an individual; and
(c) the
conduct constitutes a failure to comply with the person’s health and
safety duty; and
(d) the
person engages in the conduct —
(i)
knowing that the conduct is likely to cause the death of,
or serious harm to, an individual; and
(ii)
in disregard of that likelihood.
Penalty for this subsection:
(a) for
an individual, imprisonment for 20 years and a fine of $5 000 000;
(b) for
a body corporate, a fine of $10 000 000.
(2) A person charged
with a crime under subsection (1) may be convicted of a Category 1 offence, a
Category 2 offence or a Category 3 offence.
(3) An officer of a
person (the PCBU ) commits a crime ( industrial manslaughter ) if —
(a) the
PCBU has a health and safety duty as a person conducting a business or
undertaking; and
(b) the
PCBU engages in conduct that causes the death of an individual; and
(c) the
PCBU’s conduct constitutes a failure to comply with the PCBU’s
health and safety duty; and
(d) the
PCBU’s conduct —
(i)
is attributable to any neglect on the part of the
officer; or
(ii)
is engaged in with the officer’s consent or
connivance;
and
(e) the
officer engages in the officer’s conduct referred to in paragraph (d)(i)
or (ii) —
(i)
knowing that the PCBU’s conduct is likely to cause
the death of, or serious harm to, an individual; and
(ii)
in disregard of that likelihood.
Penalty for this subsection: imprisonment for 20
years and a fine of $5 000 000.
(4) A person charged
with a crime under subsection (3) may be convicted of a Category 1 offence, a
Category 2 offence or a Category 3 offence.