Negligence
244BA Negligence
The test of negligence for a body corporate is that set out in section 5.5 of the Criminal Code.
If:
negligence is a fault element in relation to a physical element of an offence; and
no individual employee, agent or officer of the body corporate has that fault element;
that fault element may exist on the part of the body corporate if the body corporate’s conduct is negligent when viewed as a whole (that is, by aggregating the conduct of any number of its employees, agents or officers).
Negligence may be evidenced by the fact that the prohibited conduct was substantially attributable to:
inadequate management, control or supervision of the conduct of one or more of the body corporate’s employees, agents or officers; or
failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.
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