You Can't Do that! Directors Insuring Against Criminal WHS Penalties

Abstract

This article considers the question whether it is possible for company officers, who may be fixed with personal liability for civil damages and criminal penalties for workplace health and safety injuries, to insure against such liability. It also touches on related issues to do with indemnities being provided by companies. It concludes that insurance against criminal penalties is void as a matter of public policy, and ought not to be offered by insurers or relied upon by company officers. It is also suggested that government regulators would be justified in taking action to highlight the problems caused by the purported offer of such insurance.

Keywords: Personal Liability of Company Officers, Work Health and Safety Act 2011