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

Insurance Law Journal 23 (2012): 109-125

18 Pages Posted: 18 Aug 2013

Date Written: January 1, 2012

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

Suggested Citation

Foster, Neil James, You Can't Do that! Directors Insuring Against Criminal WHS Penalties (January 1, 2012). Insurance Law Journal 23 (2012): 109-125, Available at SSRN: https://ssrn.com/abstract=2311947

Neil James Foster (Contact Author)

Newcastle Law School ( email )

1 University Drive
Callaghan, 2308
Australia
0249217430 (Phone)

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