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The latest issue of the The Queensland Lawyer (Volume 36 Part 4) contains the following material:

EDITORIAL

CONVEYANCING AND PROPERTY LAWDr Bill Dixon

  • Practice issues relating to caveats

CRIMINAL LAWAndrew West

  • Circumstances of aggravation (1)
  • Circumstances of aggravation (2)

HEALTH AND GUARDIANSHIP LAWDr Malcolm Smith

  • Best interests and parental refusal of potentially curative cancer treatment: The decision of Director Clinical Services, Child and Adolescent Health Services v Kiszko (2016) 312 FLR 319; [2016] FCWA 75

INDUSTRIAL LAWDr Kristy Richardson

  • When is there assault in the workplace by an employer on an employee? Pere v Central Queensland Hospital and Health Service [2017] QDC 2

Article

Criminal Liability for Deaths in the Workplace: A Case against “Industrial Manslaughter” in Queensland Brendan Walker-Munro

Nothing is more damaging to a modern society than when a worker dies at their place of employment. When the death can be attributed to the employer failing in its most basic of duties to render that workplace as safe as reasonably possible, the attribution of blame is followed quickly by calls to attribute liability. In the criminal law realm this has led some scholars and practitioners to call for the creation of a specific “industrial manslaughter” offence. The purpose of this article is to present an argument that the creation of such an offence is unnecessary in Queensland, where the existing provisions of the Criminal Code and the Work Health and Safety Act 2011 (Qld) act in conjunction to capture the offending by both corporate entities and their senior directors.

REPORTFederal Circuit Court Judge Michael Jarrett

  • Szucs v Queensland Police Service (Criminal law)

For the PDF version of the table of contents, click here: Qld Lawyer Vol 36 No 4 Contents.

Click here to access this Part on Westlaw AU

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