King & Wood Mallesons

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South Australia moves to prevent insurance ‘loophole’ for OHS fines

By Chris Iverson

After being given a A$200,000 (£118,000) criminal fine for safety breaches that led to the death of an employee, a company director avoided personally paying because he was indemnified under an insurance policy.

The Industrial Magistrate was scathing of the director’s avoidance of the penalty and now South Australia looks set to close this liability ‘loophole’…

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