[fnordprefect]

With respect, that's not right. I've advised Australian companies of all sizes (from one-man bands to ASX-listed companies) for decades, and they are very heavily motivated by avoiding bad press from a preventable accident, avoiding company and personal reputational damage, being fired, being sued personally (noting that eg D&O insurance almost invariably excludes fraudulent acts), suffering regulatory investigation/enforcement (including eg fitness to hold licences) and because a surprising number of people believe that it is important to do the right thing, and (contrary to popular belief on the interwebs) this doesn't change just because they are employed in a business.

In cases where there is intentional wrongdoing, existing laws already make complicit people liable both to civil action by people harmed, plus criminal or civil penalty provisions by ASIC (or the ACCC, depending on the industry and conduct). As a plaintiff, you typically join them to increase your potential pool of recoverable assets for your clients.

The same is true if there are breaches of the Australian Consumer Law, and the person has a particular level of knowledge that is below intention.

In cases of pure negligence, like this, if the negligence rises to a criminal standard, then criminal laws and penalties already apply. How and when this works has been a topic for over 50 years, since Tesco v Nattrass in the UK.

In other words, there are already very significant legal mechanisms in place, and by and large they work - and not all of them involve having executives personally liable. In any event, many already do, and this has been worked out carefully over a long period.