SA moves to clarify WHS laws
The South Australian Government has introduced a Bill before Parliament which it says will clarify the recently changed Work Health and Safety laws.
State Minister for Industrial Relations, John Rau, said that the Bill was introduced as a response to an amendment introduced by the Opposition regarding self incrimination protection.
“This amendment may have had the consequences of extending this protection beyond individuals to also include companies. This is a manifestly absurd outcome.” Mr Rau said.
Corporations, at common law, do not enjoy the protection against self-incrimination that individuals do.
"If corporations were to be granted the privilege against self-incrimination, it could seriously compromise future investigations into workplace fatalities and serious incidents.”
The Bill will amend section 172 of the Work Health and Safety Act 2012, which came into operation on 1 January 2013.
“This Bill is a minor technical amendment which will provide certainty so that only individuals may be protected from self incrimination,” Mr Rau said.