Presentation: Industrial Manslaughter offence under Work Health and Safety
NT WorkSafe is hosting a free presentation on the topic of Industrial Manslaughter. The session will be presented by Queensland's Independent Work Health and Safety Prosecutor, Mr Aaron Guilfoyle.
Industrial Manslaughter laws are being discussed in a majority of Australia’s jurisdictions, with some states and territories already having the laws in effect. In the Northern Territory, Industrial Manslaughter legislation came into effect in February 2020.
These laws place increased scrutiny on the liability of PCBUs and Officers in the event of a workplace fatality due to a breach of work health and safety duties, given the potential significant penalties involved.
In this presentation, Mr Aaron Guilfoyle, will provide an overview of that State’s first successful Industrial Manslaughter prosecution after the 2019 death of a worker at an auto recycling yard.
The presentation will cover:
- The elements and proof of an Industrial Manslaughter offence;
- What constitutes gross negligence in the context of work health and safety duties;
- Likely penalties if convicted of Industrial Manslaughter;
- Challenges in the prosecution of Industrial Manslaughter;
- The future for Industrial Manslaughter prosecutions across Australia.
Date: Thursday 18 November 2021
Time: 5.00pm to 6.00pm (ACST)
Venue: Level 5 Auditorium (WFD 5.03), Charles Darwin University Waterfront, 21 Kitchener Drive (view map)
RSVP: To attend, register via this Eventbrite link before Thursday 18 November 4.00pm.
For interested participants outside of Darwin, this presentation will be stream via Zoom.
RSVP: To participate via Zoom, register via this Eventbrite link before the event.
About the presenter
Between 2001 and 2019, Mr Guilfoyle was a prosecutor with the Commonwealth Director of Public Prosecutions, where he worked predominantly in fraud, drug importation, cybercrime, fisheries, maritime and other environmental crime. Prior to his appointment as Queensland’s independent Work Health and Safety Prosecutor, Mr Guilfoyle was an Assistant Director, leading the CDPP’s North Queensland and Northern Territory offices.
In March 2019, Mr Guilfoyle was appointed as the inaugural WHS Prosecutor by the Governor in Counsel for a five-year term. Mr Guilfoyle heads the Office of the Work Health and Safety Prosecutor, prosecuting and advising the Queensland Government on Work Health and Safety, Electrical Safety, and, since 1 July 2020, Resources Safety offences.
In his capacity as the Work Health and Safety Prosecutor, Mr Guilfoyle has appeared in Australia’s first industrial manslaughter prosecution, in Queensland first successful reckless conduct prosecutions against company directors, and in the prosecution of Ardent Leisure Ltd in relation to the tragedy on the the Thunder River Rapids Ride at Dreamworld in 2016.