Corporate Manslaughter in the UK: Lessons for Australia

Abstract

Prior to, and since the passage of the Corporate Manslaughter and Corporate Homicide Act 2008 (CMCHA) in the United Kingdom (UK), prosecutions for serious workplace health and safety offences have been mostly underwhelming. Australia has now followed the UK in legislating for industrial manslaughter within the various workplace health and safety laws across many of its states and territories. The aim of this paper is to explore the industrial manslaughter legislation across Australia and discusses the lessons which may be learned from the UK. An analysis of the CMCHA was undertaken to determine whether it has lived up to expectations and if there may be lessons to be learned for Australia as it embarks on its post-harmonization journey. A review of publications found that the CMCHA had fallen short of expectations within its first decade of existence in the UK in both the number of successful prosecutions and in the severity of the punishments handed down. The purported deficiencies in the prosecutorial success of the United Kingdom's CMCHA provides an opportunity for Australia to heed and avoid these deficiencies.