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dc.contributor.authorJohnstone, Richard
dc.date.accessioned2017-05-03T16:00:02Z
dc.date.available2017-05-03T16:00:02Z
dc.date.issued2013
dc.date.modified2014-03-27T03:53:18Z
dc.identifier.issn14773996
dc.identifier.urihttp://hdl.handle.net/10072/57309
dc.description.abstractThis paper analyses recent Australian debates about the use of the criminal law in work health and safety regulation. It argues that these debates have to be seen in the context of the historical development of work health and safety regulation in the United Kingdom and Australia. The first part of the paper shows that, since the late 19th century, contraventions against the Australian work health and safety statutes have not been regarded as 'really criminal', and have largely been addressed by informal measures and, since the 1980s, by administrative sanctions. When prosecutions have taken place, work health and safety issues have been individualised and decontextualised, so that defendants have been able to reduce their culpability in the eyes of the court. Significant legal barriers have undermined the use of the crime of gross negligence manslaughter against corporations and individuals. The second part of the paper analyses recent debates about restructuring gross negligence manslaughter and bolstering the 'criminality' of offences under the work health and safety statutes. It argues that the latter debate has been constrained by the historical forces examined in the first part of the paper, and that the current position, embodied in the recently harmonised Work Health and Safety Acts, favours attempting to recriminalise the work health and safety legislation. The debate about reforming gross negligence manslaughter has stalled.
dc.description.peerreviewedYes
dc.description.publicationstatusYes
dc.format.extent168717 bytes
dc.format.mimetypeapplication/pdf
dc.languageEnglish
dc.language.isoeng
dc.publisherI O S H Publishing Ltd.
dc.publisher.placeUnited Kingdom
dc.publisher.urihttps://www.tandfonline.com/doi/abs/10.1080/14774003.2013.11667788
dc.relation.ispartofstudentpublicationN
dc.relation.ispartofpagefrom25
dc.relation.ispartofpageto44
dc.relation.ispartofissue2
dc.relation.ispartofjournalPolicy and Practice in Health and Safety
dc.relation.ispartofvolume11
dc.rights.retentionY
dc.subject.fieldofresearchCriminal Law and Procedure
dc.subject.fieldofresearchPublic Health and Health Services
dc.subject.fieldofresearchPolicy and Administration
dc.subject.fieldofresearchLaw
dc.subject.fieldofresearchcode180110
dc.subject.fieldofresearchcode1117
dc.subject.fieldofresearchcode1605
dc.subject.fieldofresearchcode1801
dc.titleWork health and safety and the criminal law in Australia
dc.typeJournal article
dc.type.descriptionC1 - Articles
dc.type.codeC - Journal Articles
gro.facultyArts, Education & Law Group, School of Law
gro.rights.copyright© 2013 IOSH Services Limited. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
gro.date.issued2013
gro.hasfulltextFull Text
gro.griffith.authorJohnstone, Richard


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