Joel's law one step closer

The NSW Carr Labor Government is under pressure to jail killer 
bosses in the wake of a Legislative Council committee 
recommendation that corporate manslaughter should be written into 
the Crimes Act. The cross-party committee, including three Labor 
members, also wants to give courts the power to make delinquent 
employers face up to bereaved family members.

Welcoming the release of the report into workplace deaths and 
injury, Labor Council Secretary John Robertson called on the 
Government to extend the same support to families of dead workers 
it has pledged to other victims of crime.

"This Government went up and down the state promising to be tough 
on crime before the last election. This is its chance to prove 
its credentials on workplace crime", Robertson said.

"We don't want jails overflowing with employers but we do want 
every employer to know that if they deliberately thumb their 
noses at safety requirements they can be held accountable.

"You can go to jail in this state for seven years for spraying 
graffiti on the Opera House but not for gross negligence that 
takes the life of an employee. It's ridiculous."

The committee launched its inquiry after 10,000 workers marched 
on State Parliament following last year's death of 16-year-old 
building worker Joel Exner.

His mother, Sue Baxter, was amongst a dozen people from bereaved 
families who joined Labor Council, Manufacturing Workers' Union 
and Construction Union representatives in applauding the 
findings.

Key recommendations in the 246-page report include:

* "urgent" introduction of a new offence under the Crimes Act, 
corporate manslaughter;

* companies to have their safety performances rated and 
published;

* courts to consider "victim impact statements" from bereaved 
family members and to have the ability to direct negligent 
employers into face-to-face meetings;

* that Workcover reform its liaison with victims of workplace 
accidents and/or their families because its "current and recent 
practices are inadequate";

* that Workcover commit additional resources to prevention, and 
that this include launching more prosecutions.

The report was released at state parliament by the committee's 
chairman and Christian Democrat MLC, Rev Fred Nile. Its findings 
and recommendations were endorsed by Nile, Labor representatives 
Peter Primrose, Kayee Griffin and Jan Burnswoods along with the 
Greens Lee Rhiannon.

Liberal committee members Catherine Cusack and David Clarke 
dissented.

Observers suggest Carr and the Minister responsible, John Della 
Bosca, are likely to support the Liberals on corporate 
manslaughter.