This talks to the rule of law – we are supposed to be equal before the law…and if a corporation demands the basic rights of a human entity, then it should be subject to the same penalties when it commits a crime.

The question is, when does a company commit a crime?

Why is there no serious repercussion to a corporate body and those making reckless decisions within it? Why are they not subject to the same indictments in the most extreme cases when their acts or omissions wreak havoc causing death?

It seems to me, while they throw around words like ‘criminal offence’ like lolly wrappers, at the same time, reminding us that there is a deterrence at play here, it seems no where in the WHS Act does it apply any criminal baggage to reckless conduct that causes death.

The only area I can see any reference to a criminal code is in relation to the Commonwealth. For the rest, what we have here is a wolf in sheep’s clothing – something akin to a speeding fine.

The fact remains. In order to hold a ‘company’ adequately accountable for the most serious and extreme cases of reckless conduct, the best we have available is a summary offence to which they can indemnify themselves. The reason they can indemnify themselves is because there’s a pretty clear line in the sand that differentiates the nature of summary offences and crimes of an indictable nature.

If it wants to be ‘people’ it must play by the same rules. It’s just a tough barrier to break through because the old common law was so reluctant to treat on the toes of business. Times have changed.

Your comment also reminded me that I did not include a link to the actual Industrial Manslaughter Bill – http://www.legislation.sa.gov.au/LZ/B/CURRENT/WORK%20HEALTH%20AND%20SAFETY%20%28INDUSTRIAL%20MANSLAUGHTER%29%20AMENDMENT%20BILL%202015_HON%20TAMMY%20FRANKS%20MLC.aspx