Overseers down under Director and officer culpability for health and safety offences in the UK and in Australian jurisdictions

被引:0
作者
Hughes, Lee Robert [1 ]
Raniolo, Rose [2 ]
机构
[1] Pannone LLP, Safety Hlth & Environm Team, Manchester, Lancs, England
[2] Colin Biggers & Paisley, Insurance Grp, Melbourne, Vic, Australia
关键词
Health and safety; Consent connivance and neglect; Director duties; Directors and officers; Health and Safety at Work Act; WorkSafe;
D O I
10.1108/IJLMA-05-2013-0020
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Purpose - The purpose of the paper is to examine and contrast director duties in health and safety in the UK and Australian jurisdictions, the former influencing the latter's health and safety regime until Australia introduced a new more progressive regime. Design/methodology/approach - The authors are practitioners who have combined desk based research with professional knowledge of how the law in both jurisdictions is applied. The approach was a comparative study of the underlying principles behind the enforcement regimes. Findings - The paper found that the UK position could be strengthened but whilst the new Australian position could be a preferable development, it is too early to tell whether or not the Australian model would be more effective. Research limitations/implications - Research was desk-based only. Practical implications - Practitioners in both jurisdictions should consider potential developments in the area of director duties, particularly in the UK where Section 37 could arguably be strengthened. Originality/value - This is the first comparison of the UK and Australian jurisdictions in respect of health and safety and examines an alternative to the consent, connivance and neglect model used in the UK to attach culpability to directors and officers. It also examines the possibility of introducing due diligence in the UK.
引用
收藏
页码:372 / 384
页数:13
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