By Catherine Ngo Senior Editor and Content Writer, My Business

Since 2019, more than 300 NSW workers have lost their lives at work. The new Industrial Manslaughter law will give prosecutors the ability to hold a business or individual responsible for the death of a person due to gross negligence in the workplace.

Under the new Industrial Manslaughter Bill, the maximum penalty of 25 years aligns with the current maximum sentence for manslaughter under the NSW Crimes Act. A new unit established within the NSW Office of the Director of Public Prosecutions will support the enforcement of this offence.

While the legislation doesn't impose new work health and safety obligations on employers, it serves as a deterrent against unsafe work practices by establishing this serious offence, ensuring accountability and encouraging safe work environments.

The Government consulted widely before introducing the bill, which was supported by an overwhelming majority of the Parliament.

Work Health and Safety Minister Sophie Cotsis said the bill's passage represented a historic moment for worker safety in NSW.

"These are not laws we ever want to use," she said in a statement.

"It is a fundamental right of every worker to go to work and come home safely to their loved ones," said Cotsis.

During the consultation period, some parties expressed concerns about the proposed industrial manslaughter legislation. Master Builders NSW called for careful consideration of the change. They argued that industrial manslaughter was a duplication of existing laws and that there was no compelling evidence to suggest that NSW workplaces were less safe than those in other jurisdictions due to the absence of such legislation.

INDUSTRIAL MANSLAUGHTER LAWS AROUND THE COUNTRY

Australian Capital Territory

In 2004, industrial manslaughter became a criminal offence in the Australian Capital Territory (ACT). Initially, it was included in the Crimes Act 1900 (ACT). However, on November 5, 2021, under the Work Health and Safety Amendment Act 2021 (ACT), it was transferred to section 34A of the Work Health and Safety Act 2011 (ACT).

The maximum penalty for an individual conducting a business or undertaking (PCBU) is 20 years of imprisonment. On the other hand, for a corporate PCBU, the maximum penalty is $16.5 million.

Commonwealth

On September 4, 2023, the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced to Parliament. It proposed significant modifications to the Fair Work Act 2009 and the Work Health and Safety Act 2011 (WHS Act). One of the primary amendments to the WHS Act was the introduction of a federal-level criminal offence for industrial manslaughter.

The offence, which will take effect on July 1, 2024, under a new section 30A of the WHS Act, will have a limited scope and apply exclusively to the Commonwealth public sector.

The maximum penalty for an individual PCBU found guilty of industrial manslaughter under the revised WHS Act is 25 years imprisonment, while a body corporate PCBU could face a penalty of up to $18 million.

Northern Territory

In the Northern Territory, the offence of industrial manslaughter was introduced on February 1, 2020, under Section 34B of the Work Health and Safety (National Uniform Legislation) Act 2011 (NT).

The maximum penalty for the offence is life imprisonment for individuals and 65,000 penalty units, currently equivalent to $11,440,000, for corporations.

Queensland

In 2017, Queensland incorporated the offence of industrial manslaughter into section 34C of the Work Health and Safety Act 2011 (Qld).

The maximum sentence for an individual is 20 years in prison. For a corporation, the maximum fine is 100,000 penalty units, which currently equates to $15,480,000.

South Australia

On November 29, 2023, the South Australian Parliament passed the Work Health and Safety (Industrial Manslaughter) Amendment Bill. This bill establishes a new offence of industrial manslaughter under the Work Health and Safety Act of 2012. However, the new offence will become effective on July 1, 2024.

The maximum penalty for a Person Conducting a Business or Undertaking (PCBU) who is an individual is 20 years in prison, while the maximum penalty for a PCBU that is a corporation is $18 million.

Tasmania

Industrial manslaughter is not an offence in Tasmania. 

Victoria

In Victoria, workplace manslaughter is recognized as an offence under Section 39G of the Occupational Health and Safety Act of 2004. This provision was introduced by the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill of 2019, which was approved on December 3, 2019, and took effect on July 1, 2020.

Individuals found guilty of workplace manslaughter face a maximum penalty of 25 years in prison, while corporations can be fined up to 100,000 penalty units, which currently amounts to $19,231,000.

Catherine Ngo Senior Editor and Content Writer, My Business

Catherine is passionate about unravelling the latest news and insights to help entrepreneurs, small business owners and employers.