The push to reduce personal liability on directors (where an ‘officer’ of a company is a director) is the focus here. Apparently company director’s want to be free to take calculated risks … and these arguments gather some momentum when the ‘slowing economy’ is at the heart of the drive.

The Australian Institute of Company Directors have submitted a very broad defence of what they term the “The Honest and Reasonable Director Defence” — although this proposal would be limited to the Corporations Act / ASIC Act and the equivalent common law liabilities – so is less likely to impact OHS legislation and their liabilities in the states.

On the other hand, Dr Bob Austin (former NSW Supreme Court Judge) proposes a less radical defence per say, but the scope is cross jurisdictional. It is in effect a defence used to interpret liability … and if his idea is adopted, then WHS Acts will also be affected by the interpretation – particularly since his proposal of a ‘business judgement’ appears a great deal broader than what is currently under the ‘Business Judgement Rule” s 180(2) Corporations Act …

I am inclined to suggest that we stay one step ahead of any weakening of personal liability for fear the corporate veil will be given a metal shield through some aggressive lobbying in Canberra.

However, The Greens MCL Tammy Franks took the opportunity to mention the introduction of a Bill to introduce new laws related to industrial manslaughter during the coverage on Nine.

I am incorrect in thinking that the current legislation allows for the equivelent penalty, albeit watered down. Is the problem that it is extemely difficult to apply to the full extent of the laws due to an inadequately resourced prosecution system?

Happy for someone to set me straight here.

This is the experience my family witnessed.
Over the course of 2 years we were consistently reassured that the most serious charges were applied and would be difficult to defend – gross negligence.
The result was an 11th hour change of heart from the defendant to admit vague responsibility, not as an individual but as a company director.
This was enough for Worksafe WA, it seemed any sort of admission of responsibility was the requirement.

Our politicians spending tax payers money to discuss and debate new legislation appears a ridiculous waste.
Spend more giving the prosecution system the support to successfully prosecute, not negotiate plea bargains.

Tragically today’s plantings brings the number of Memorial Trees and Memorial Ground Covers to 283 since the Deceased Workers Memorial Forest started in 2003.

Plans are underway for a Memorial Wall to be built and in place for next year.