The new Corporate Manslaughter and Corporate Homicide Bill has been wending its way through Parliament since July. The new Bill defines corporate manslaughter as occurring if the way in which any of a company’s activities are managed or organised by its senior managers:
- causes a person’s death; and
- amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.
More recently, the Government has proposed to change the wording of the Bill to provide that an organisation will only be guilty of an offence if the way in which its activities are managed or organised is a substantial factor in the commission of the offence.