Restrictive time frames for filing criminal charges in relation to industrial deaths should be revised, the ACT work safety commissioner has told a senate inquiry.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Speaking before an inquiry into the prevention of industrial deaths this week, Greg Jones said a statutory time limit of two years to press charges relating to deaths on work sites is not enough to properly look into incidents.
"[With statutory limits], we are restricted," Mr Jones said.
"Some opportunities for extensions would be an appropriate way forward, while also putting pressure on [those responsible]. Some investigations are extremely complex and two years can be extremely tight."
Mr Jones said the investigations into the 2016 death of Herman Holtz required large amounts of work to gather information, with the time limit close to expiring before charges were laid.
Mr Holtz was killed while working at the University of Canberra Hospital construction site in Bruce after an incident involving a mobile crane.
"Our brief of evidence was 30,000 pages long with 2000 photos. It was an enormous task to pull it all together," Mr Jones said.
"For a complex investigation, two years can go very, very rapidly."
The statutory limit on filing charges was an issue also raised by Kay Catanzariti. Mrs Catanzariti is the mother of Ben Catanzariti who died after he was hit by a concrete pouring boom on a Kingston Foreshore construction site in 2012.
Mrs Catanzariti said a delay in gathering evidence following Ben's death led to many areas not being able to be used in court cases.
"You can only take evidence that they take at the time, and they cannot take any other evidence after a two-year time limit," she said.
"The two-year period starts from the time of death."
Mrs Catanzariti, who was instrumental in calling for the senate inquiry to take place, spoke through tears as she talked about the impact of her son's death.
"It's been physically and emotionally draining, as I'm afraid I've left something out [in my submission] but I kept going, because that's what mums do," she said.
"I've been asking for accountability since 2012.
"I used to put my trust and faith in these regulators and I have learnt so much over the last six years. Now, I don't trust anyone, and I don't believe anyone."
A coronial inquest into Ben's death concluded earlier this year, with the coroner set to hand down findings at a future date.
During the senate inquiry this week, Ben's mother called for uniform industrial death laws across all states and territories.
The ACT was the first state or territory to introduce an industrial manslaughter charge in 2004. The ACT government said it is now looking into updating legislation based on the Queensland model.
While no one has been charged with industrial manslaughter in the ACT, which holds a maximum penalty of 10 years in jail, the work safety commissioner said it had been an effective deterrent to businesses.
"It's a very strong deterrent that's very effective out there, and we make sure that with discussions with the community, we emphasis that things don't just stop at the front fate, it goes all the way up to the board room," Mr Jones said.
More public hearings will take place later this month, with the committee expected to finalise its report to the government by September 20.
