Skip to main content
Presentation
Can Directors Insure Against Criminal Workplace Health and Safety Penalties?
ICFAI Law School, Hyderabad, India- Insurance Law and Regulation - Global Practices Conference (2019)
  • Neil J Foster
Abstract
 This paper considers the question of 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 will also touch 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, and
legislative reform on the topic may be needed in Australia.
Keywords
  • D & O Insurance,
  • Officers' personal criminal liability,
  • WHS Law
Publication Date
February 2, 2019
Location
Hyderabad, India
Citation Information
Neil J Foster. "Can Directors Insure Against Criminal Workplace Health and Safety Penalties?" ICFAI Law School, Hyderabad, India- Insurance Law and Regulation - Global Practices Conference (2019)
Available at: http://works.bepress.com/neil_foster/128/