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Licence Tobacco Retailers & Stub Out Selling Smokes to Kids
October 27th 2004

NSW Democrat MLC, Dr Arthur Chesterfield-Evans, has welcomed the release today of draft legislation to introduce prison terms for negligent employers involved in workplace deaths by the Minister for Industrial Relations, Mr John Della Bosca.

“I am glad to see the Carr government finally adopting aspects of my Corporate Manslaughter bill which I introduced into State Parliament over two years ago,” he said.

However, Dr Chesterfield-Evans has expressed disappointment at the soft penalties imposed by the government’s draft legislation.

“For a Government that rattles its sabre about being tough on criminals and maintaining law & order, I think they have gone a bit soft on the big end of town. Just compare the difference in penalties!” he said.

Penalties for Individual managers and directors found responsible for work place conditions responsible for an employees death:

Carr Government: Maximum penalty fines of up to $165,000 or 2 year imprisonment. (5 years for a previous offender)

Democrats: Maximum penalty $180,000 or 5 years imprisonment or both.

Penalties for Corporations:

Carr Government: Fines of up to $1.65 million.

Democrats: Fines of up $5 million.

“I would like to support the Carr government’s legislation and will lobby the Minister to accept the penalty regime as outlined in my bill. The Carr government should accept the criminalisation of industrial manslaughter as outlined in the National Model Criminal Code.” Dr Chesterfield-Evans concluded.