WHS: Prosecutions for Reckless Conduct and Industrial Manslaughter [2024]

Colin Magee and Justin Pen will summarise recent developments regarding the prosecution of “reckless conduct” offences under s 31 of the Work Health and Safety Act 2011 (NSW), including by reference to cognate legislation in cognate jurisdictions – namely, whether recklessness requires proof that a defendant foresaw the possibility, rather than a probability, of a risk to health and safety. They will also review the proposed changes to s 31, and the proposed insertion of a new s30A “industrial manslaughter” offence, expressed in the Model Work Health and Safety Legislation Amendment (Offences and Penalties) 2023 (Cth).

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