Can Advisors and Designers go to Jail for a WHS Offence?
Numerous people have been sentenced to a term of imprisonment under mainstream criminal codes for workplace related deaths and there have been some suspended sentences under work health and safety legislation. However, the landscape prior to 2019 was not populated with jail sentences as a result of action by work health and safety regulators. That has all changed. In separate cases, Maria Carla Jackson and Gary William Lavin were sentenced to jail and both cases involved actual custodial terms. The risk of jail for a work health and safety offence is now real.
What happened in Ms Jackson and Mr Lavins’ cases? How does that compare with where you or your clients’ sit? Although cases like these are in some respects heart breaking, every WHS professional should have an in-depth understanding of them. Alan will go into the cases in depth, considering what happened, how the regulators responded and why the Courts imposed the sentences they did.