Presented by Luke Holland & Daria McLachlan Sparke Helmore

1. www.sparke.com.au
Copyright © 2022 Sparke Helmore Lawyers. This presentation is not legal advice. It is not intended to be comprehensive.
You should seek specific professional advice before acting on the basis of anything in this presentation.
Luke Holland, Partner
21 October 2022
Daria McLachlan, Special Counsel
While you were sleeping…..

2. 2
Agenda
Australia jurisdictions with current
specific manslaughter legislation
1. Safety message is cutting through
2. COVID and its legacy
3. Psychosocial matters
4. Courts get tougher
5. SA trends
6. Key takeaways / Questions

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1. Safety law on the front page
Every day, every medium – the message is getting through…
Safety and workplace law is the hot topic
 Industrial manslaughter
 Largest fines on record
 Jail for Officers
 WHS incident sites to be “a crime scene”, body cameras
 Bullying
 Sexual harassment

4. 4
WHS in the news

5. 2. COVID-19

6. 3. Psychosocial matters

7. 7
Mental health/wellbeing
Australia jurisdictions with current
specific manslaughter legislation

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Sexual harassment
Australia jurisdictions with current
specific manslaughter legislation
The Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021
amends the Fair Work Act 2009 to update the powers of the FWC to provide that:
• A worker who is sexually harassed at work may apply for an FWC order to
stop the sexual harassment
• The FWC can make an order to stop sexual harassment following a single
instance of sexual harassment
• Sexual harassment in connection with an employee’s employment can be a
valid reason for dismissal
The Act commenced on 11 September 2021.

9. 4. Courts get tougher

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Investigation trends across Australia
Executive and individual accountability

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Executive and individual accountability
Prosecutions across Australia

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SA hot topics
• Industrial Manslaughter
• SafeWork SA “root and branch”
review – Minister
• Alternatives to fines – EUs/Training
Orders
• Criminal and WHS concurrent
prosecutions
• Insurance for WHS matters
• Forklifts/electrical/heights/bullying

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What to expect in 2023…

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Contact details
Luke Holland
Partner
Workplace | SA & NT
t: +61 8 8415 9875
e: luke.holland@sparke.com.au
Daria McLachlan
Special Counsel
Workplace | SA & NT
t: +61 8 8415 9876
e: daria.mclachlan@sparke.com.au