Criminal Manslaughter – Positively Demonstrating Safety Due Diligence

Understand your legal duties to demonstrate due diligence under the industrial manslaughter provisions of WHS legislation and how to make defensible decisions that can be easily understood by legal counsel.
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Understand your legal duties to demonstrate due diligence under the industrial manslaughter provisions of WHS legislation and how to make defensible decisions that can be easily understood by legal counsel.

The advent of industrial manslaughter laws in workplace health and safety legislation that include provisions for criminal negligence has raised profound issues for engineers and senior decision makers. It is now essential to demonstrate the management of the laws of nature in a way that satisfies the laws of man (in that order).

Legally, safety risk does not arise because something is inherently dangerous, but because there are insufficient, inadequate or failed precautions as determined by our courts post event.

This webinar will outline the paradigm shift from hazard-based risk management to the precautionary approach enshrined in WHS/OHS legislation, and explore how organisations can demonstrate safety due diligence.

You’ll learn about the legal duties of directors to demonstrate due diligence, how to make defensible decisions regarding engineering design work that can be easily understand by legal counsel and how to resolve the inconsistencies between the Risk Management Standard and due diligence requirements in legislation.

Watch on demand

This webinar was recorded and is available to watch through Engineers Australia’s online streaming platform, EA On Demand.



1 hour
EA members

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1 Hour

We can deliver this webinar exclusively to you and your organisation. 

For groups of 10 or more we provide cost-effective, customised and outcome-focused in-house training.

Find out how we can help you and your team by completing an enquiry form or calling us on +61 3 9321 1700.

Learning outcomes
  • Legal duties of directors to demonstrate due diligence under the provisions of WHS, EPA and corporations’ law
  • What constitutes due diligence under Australian High Court case (common) law
  • Determine what risk management technique(s) can be used to establish due diligence, and in which circumstances
  • Legislative and regulatory compliance ≠ due diligence, especially for safety matters
  • Why the use of risk targets (that is, tolerable or acceptable risk) is indefensible in court post-event
Is this course for you?

Is this course for you?

This webinar is relevant for board members, senior decision makers, and lawyers from engineering organisations, and the engineers and design professionals advising them.


There are no prerequisites for this webinar.

Topics we'll cover

Topics we'll cover

  • Why legal firms are deliberately adopting engineering design processes to advise their clients
  • Why heat maps are absolutely indefensible as safety due diligence decision making tools
  • Why the exclusive reliance on ISO31000 for the management of safety risk will most likely create liabilities
How you'll learn

Delivered via Webinar

Designed in collaboration with our industry facilitators and education experts, EEA Webinars focus on modules from our most popular face-to-face training courses. Content has been carefully crafted to deliver targeted and achievable learning outcomes within the hour and the sessions are interactive to keep you engaged.

Webinar platform - Zoom

These sessions run through Zoom. On the day of the webinar you will receive the unique Zoom link at least one hour before the webinar is scheduled to begin.

We suggest that you download the Zoom Desktop Client to ensure you can fully participate in the webinar. If you view the webinar through the Zoom web browser or via a phone or tablet device you may not be able to participate in the interactive elements such as answering polling questions. 

Please read through the following information on Zoom to ensure you are prepared for the webinar:

Gaye Francis
Richard Robinson
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