The document provides an agenda for a WHS legal update on model manslaughter legislation in Australia. The agenda includes discussing the background of NSW OHS laws, the genesis of model legislation, how other jurisdictions interpret model laws, the criminalization of WHS laws, and other observations. The presentation will also cover how incidents are investigated, prosecution trends, predictability in prosecutions, and the use and need for lawyers in criminalized WHS matters. Contact details are provided for the two presenting partners.

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
20 October 2023
Carlie Holt, Partner
WHS Legal Update
Model legislation – what can we learn?

2. 2
Agenda
Australia jurisdictions with current
specific manslaughter legislation
1. Background from a NSW setting
2. Genesis of the Model Act
3. Interpretation of Model laws
4. The criminalisation of the law
5. Other observations

3. 1. Background – the NSW OHS Act

4. 2. Genesis of the Model Act

5. 3. Model legislation – how are other
jurisdictions interpreting the laws

6. 6
How things are investigated
Australia jurisdictions with current
specific manslaughter legislation
Attendance of the Regulator at site

7. 7
How things are investigated
Australia jurisdictions with current
specific manslaughter legislation
Records of interview/taking of statements

8. 8
Prosecutions
Australia jurisdictions with current
specific manslaughter legislation
What has been the focus?

9. 9
Prosecutions
Australia jurisdictions with current
specific manslaughter legislation
What are the numbers like?

10. 10
Prosecutions
Australia jurisdictions with current
specific manslaughter legislation
Is there any predictability?

11. 11
Prosecutions
Australia jurisdictions with current
specific manslaughter legislation
Any movement in the law

12. 4. The criminalisation of the law

13. 13
The criminalisation of the law
Australia jurisdictions with current
specific manslaughter legislation
The use and need for lawyers

14. 14
The criminalisation of the law
Australia jurisdictions with current
specific manslaughter legislation
Legal Professional Privilege

15. 5. Other observations

16. 16
Contact details – thank you
Luke Holland
Partner
Workplace | SA & NT
t: +61 8 8415 9875
e: luke.holland@sparke.com.au
Carlie Holt
Partner
Workplace | NSW
t: +61 2 9373 1412
e: carlie.holt@sparke.com.au