Please use this identifier to cite or link to this item: https://hdl.handle.net/2440/117937
Type: Thesis
Title: Corporate manslaughter and the attempt to reduce work-related deaths: a comparative study of the United Kingdom, Australia and Malaysia‘s legislative framework
Author: Abdul Razak, Aida
Issue Date: 2018
School/Discipline: Adelaide Law School
Abstract: There has been wide recognition of the difficulties associated with the liability of corporations for corporate manslaughter. The assumption in law is that deaths arising from work-related activities are from omissions of certain acts of corporations such as failure to provide safety equipment or safe conditions of the workplace. The failed prosecution of the Herald Free Enterprise led to the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007 (UK) in the United Kingdom. In Australia, the Australian Capital Territory created an offence of corporate manslaughter via the Crimes (Industrial Manslaughter) Act 2003 (ACT). and recently, on 23 October 2017, the Queensland government announced the commencement of industrial manslaughter provisions in the Work Health and Safety Act 2011 (Qld By contrast, Malaysia does not recognise that a corporation can be found to have committed manslaughter. Thus, the main objective of this thesis is to explore whether the corporate manslaughter law is a useful response to work-related deaths. This thesis argues that corporate manslaughter laws are an appropriate and necessary response to work-related deaths. Using a comparative approach, the thesis examines the existing legal frameworks, such as corporate manslaughter laws and health and safety laws, in the United Kingdom and Australia that are intended to make corporations responsible when there are work-related deaths. The legal frameworks in place in Malaysia are also considered. In addition to exploring the legislation adopted, the case law decided in the three countries, the United Kingdom, Australia and Malaysia, is considered. The thesis also draws on the relevant theories related to corporate responsibility. It argues that as corporations enjoy the powers and obligations of human beings they should also be considered to have moral personalities. Further, this thesis explains that criminal liability can be attributed to the corporation by adapting common law theories of corporate criminal liability such as the aggregation and identification theories together with the concept of corporate culture. Even though all of the above concepts trace the corporate fault back to individuals or groups of individuals (officers, employees, or agents) yet still allowing the attribution of criminal liability to the corporations. It is argued that prosecuting corporations for corporate manslaughter would provide a more effective deterrent and encourage an environment of compliance. This research adopts doctrinal and empirical research methods. An empirical study was undertaken via semi-structured interviews with twenty-two participants from Malaysia (n=15) and Australia (n=7). Finally, the thesis aims to provide recommendations for law reform in Malaysia. It recommends the insertion of a suitable corporate manslaughter provision in the Occupational Safety and Health Act 1994 which should be read together with the Penal Code. This would strengthen efforts to respond to work-related deaths. The fines/penalties should be of sufficient magnitude that they represent a deterrent. It is suggested that given that different pecuniary penalties are levied in relation to different types of injuries, cases that involve deaths should attract criminal penalties for relevant officers, employees or agents as well as allowing the corporation to be deregistered.
Advisor: Symes, Christopher
Le Mire, Suzanne
Dissertation Note: Thesis (Ph.D.) -- University of Adelaide, Adelaide Law School, 2018
Keywords: Corporate manslaughter
corporate criminal liability
corporations
work-related deaths
Provenance: This electronic version is made publicly available by the University of Adelaide in accordance with its open access policy for student theses. Copyright in this thesis remains with the author. This thesis may incorporate third party material which has been used by the author pursuant to Fair Dealing exceptions. If you are the owner of any included third party copyright material you wish to be removed from this electronic version, please complete the take down form located at: http://www.adelaide.edu.au/legals
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