Why don’t you lay charges yourself CJ Morgan. You are qualified by the Parliament of the Commonwealth under S 13 and 15 F Crimes Act 1914 ( Cth) to prosecute such an offence, and can do so by issuing a Summons out of any court in Australia, using the same form the Police use. The offence is one against S 260 :12 Criminal Code Act 1995 ( Cth) Crime against humanity—imprisonment or other severe deprivation of physical liberty. The penalty is 17 years imprisonment. Look it up. All Statutes cited here are freely accessable on Austlii Document Collections, when searched in Google.

Victoria will file most cases for about $38 dollars, in any Magistrates Court. Once filed it becomes your property, because the Constitution, by s 118 gives full faith and credit throughout the Commonwealth, to S 122 Fines Act 1996 ( New South Wales). That provides an incentive for you to find and prosecute such a criminal. You are entitled to half the fine.

The Parliament of the Commonwealth has provided a formula in S 4B Crimes Act 1914 ( Cth), to convert a term of imprisonment to a pecuniary penalty. That is set out, and for an individual, each years imprisonment is converted to $6,600 and for a company to $33,000 for each year prescribed. The offence you complain about, converts by my calculator, to a pecuniary penalty for the drivers of $112,000 and for the company of $561,000. That is what Seventeen years is worth to you, half to you, and half to the Crown in whatever state you reside. I am sure you would like a boost for your super.

Locking these blokes up, is a silly way to go. Better to make it so unprofitable to break the law, that no one would do it and any company doing so is liquidated quickly. Because Directors aid, abet, counsels or procures the commission of the offence, by s 11.2 Criminal Code Act 1995 ( Cth), and are taken to have committed the offence as well, they would each be up for $112,000 each as well

Frackers, I did say that, we agree, and with Robp too.

Yes charge them charge the firm and ban it forever from such contracts.
OUG did you give any thought to your post?
Old warn out vans air conditioners not working.
a death sentence for drink driving?
Would any of us not check his welfare at least once?
Not manslaughter murder should be the charge.

I agree charges should be laid But I think the private 'security' company should not be overlooked their crime was inappropriate vehicles for the job in that environment and appalling supervision/training.

I also believe there should be rockets all round for the contract being awarded without due foresee-able terms.

and my local member because I don't like him. (well alright perhaps the last one is a bit tough) ;-)

Actually, I seem to recall from 4corners that the vehicles were owned by the Government.

CJ if it's as described then at the least manslaughter charges against those directly involved. As for those above them in the heirarchy it would depeend on some investigation of the culture of the organisation. Could the guards reasonably have expected to get support if they had chosen to do things differently?

If it was their choice to carry Mr Ward in those conditions and there was reason to believe that raising the conditions with management would have resulted in action to resole the issue then managers should not be in trouble. If the organisation has a history of ignoring complaints about safety issues and or disciplining staff who complain then charges against the leadership who placed the drivers in the position (and their managers etc if it goes higher) would in my view be warented.

R0bert