A commentary on the first IM prosecution in Australia
Mills Oakley is representing the company and the two directors facing what is understood to be the first corporate industrial manslaughter (IM) prosecution under a WHS Act in Australia. It is due to be finalised in May 2020. Subject to it being finalised and not subject to an appeal, your speakers will unpack the legal, practical and personal complexities of this offence under the Queensland WHS legislation including:
1. some of the unintended legal consequences of the offence;
2. some of the practical consequences for PCBUs having to investigate a potential IM incident;
3. the (slightly out of the box) strategy adopted in dealing with the Work Health and Safety Prosecutor;
4. relevant evidence;
5. the differences between the IM offence in other Australian jurisdictions; and
6. the conundrum of a category 1 vs IM offence under the Queensland Act.