The AiG commented that, if liability under the model Act were based on culpability and not outcomes, it would be difficult to reject a specific offence relating to creating the risk of death or serious injury, based on reckless behaviour by any person. The AiG also saw a reckless endangerment provision as useful in reinforcing the seriousness of consequences for poor safety.302
Some government submissions expressed the view that it was either unnecessary or inappropriate to provide an express provision to deal with workplace fatalities. The submissions from the governments of South Australia, Tasmania, Queensland and Western Australia all made the point that the focus of the OHS offences should be on culpability and risk and not merely the outcome (a fatality).
The ACTU proposed a specific offence of negligently causing death in the workplace.303
The Victorian government stated that the model Act should include a specific offence of reckless endangerment like s.32 of the Victorian Act, but that manslaughter should remain within the principal criminal statutes.304
