Section 86A of the MHS Act Amendment Bill

86A. (1) An employer, chief executive officer, manager, agent or employee commits an offence if he or she contravenes or fails to comply with the provisions of this Act thereby causing—

(a) a person’s death; or

(b) serious injury or illness to a person.

(2) If a chief executive officer, manager, agent or employee of the employer commits an offence by performing or omitting to perform an act and such performance or omission would have constituted an offence had it been done by the employer, that employer is equally committing an offence if the performance or an omission fell within the scope of the authority or employment of the chief executive officer, manager, agent or employee concerned and the employer—

(a) connived at or permitted the performance or omission by the chief executive officer, manager, agent, or employee concerned; or

(b) did not take all reasonable steps to prevent the performance or an omission.

(3) For the purposes of subsection (1) the—

(a) fact that the person issued instructions prohibiting the performance or an omission is not in itself sufficient proof that all reasonable steps were taken to prevent the performance or an omission;

(b) defence of ignorance or mistake by any person accused cannot be admitted; or

(c) defence that the death of a person, injury, illness or endangerment was caused by the performance or an omission of any individual within the employ of the employer may not be admitted.’’.