Work health and safety and the criminal law in Australia

摘要: This paper analyses recent Australian debates about the use of criminal law in work health and safety regulation. It argues that these have to be seen context historical development regulation United Kingdom Australia. The first part shows that, since late 19th century, contraventions against statutes not been regarded as 'really criminal', largely addressed by informal measures and, 1980s, administrative sanctions. When prosecutions taken place, issues individualised decontextualised, so defendants able reduce their culpability eyes court. Significant legal barriers undermined crime gross negligence manslaughter corporations individuals. second restructuring bolstering 'criminality' offences under statutes. latter debate has constrained forces examined paper, current position, embodied recently harmonised Work Health Safety Acts, favours attempting recriminalise legislation. reforming stalled.