Industrial manslaughter laws have changed in Australia – and not harmoniously. However, one thing is clear, Regulators around the country are saying they will prosecute more often and with more force, including in relation to deaths arising from psychosocial risks.
With the recent inquiry into mine fatalities and significant changes on the way, we invite you to join Hilary Searing, Partner and Mitchell Teasdale, Senior Lawyer, of the Workplace Relations, Employment and Safety team at Clayton Utz for their upcoming presentation on industrial manslaughter (IM) laws and how they specifically impact the resources sector.
Hilary is an expert in work health and safety matters and has advised a number of large organisations across a range of industries on the IM laws including by providing advice on managing both company and individual exposure to IM laws.
For this presentation, Hilary and Mitchell will discuss:
- an overview of IM laws in the resources sector, including offence elements and maximum penalties;
- the role of training and assessment for managing the risk of IM exposure for the company and its senior officers;
- trainer and assessor liability under the IM laws, including what types of actions or omissions by trainers/assessor may trigger exposure to the offence;
- response to IM laws by safety regulators and courts, including what types of evidence regulators are requesting during inspections and investigations into incidents; and
- practical steps to assist businesses, officers, trainers and assessors reduce the risk of exposure to IM laws.
Venue: Broncos Leagues Club, Fulcher Road, Red Hill (plenty of parking available)
Time: 10 am to 12 pm (Please arrive by 9.45 to allow us to start the workshop on time. Lunch will be provided at the conclusion of the workshop.)
Cost: Member $50 Non-Member $100 (Live stream only Member $30 Non-Member $75)
Hilary Searing, Partner
Hilary Searing specialises in work health and safety, industrial relations and employment law and brings over fifteen years’ experience working in different jurisdictions within Australia and overseas.
Hilary assists by finding pragmatic and commercial solutions within legal parameters. She provides strategic safety, industrial relations and employment advice, advises on appropriate contractor management to minimise risk and assists employers in dealing with safety incidents as they arise, including advising on appropriate incident response and regulatory compliance, as well as assisting clients defend prosecutions.
Hilary is frequently specifically requested to work on complex safety, industrial and employment matters by clients due to her expertise in this area and has advised numerous clients in the resources sector, including in relation to the complex overlay of the work, health and safety, coal mining and petroleum and gas legislation.
Mitchell Teasdale, Lawyer
Mitchell Teasdale is a senior lawyer in the industrial relations, work health and safety and employment law team, with broad experience spanning across a range of industrially active industries including mining, construction, manufacturing, transport, aviation and local and State Government.
His key experiences include advising on workplace health and safety laws, responding to safety regulatory authorities, advising and assisting clients in managing major (including serious injury and fatal) workplace incidents, conducting legal compliance reviews and reports, and assisting clients to develop and implement safe work systems.
Before commencing his career in law, Mitchell has worked in one of Australia’s largest resource developments, the Wheatstone Project as a safety advisor. Mitchell’s practical industry level experience adds value to clients through his ability to provide commercial and tailored advice.
Mitchell has a reputation for providing solutions with practical application having regard to business needs and drivers whilst minimising legal risk and protecting the client’s legal position.