Industrial Manslaughter Laws State by State

 
 

With Tasmania introducing its industrial manslaughter laws late last year, industrial manslaughter is now recognised as a criminal offence across all states and territories across Australia. So how do these laws change from state to state? Read through to find out. 

Commonwealth 

In December 2023, under the Closing Loopholes legislation, industrial manslaughter was introduced into the Commonwealth Work Health and Safety Act 2011. This took effect on 1 July 2024, and it carries a maximum penalty of $18 million in fines for body corporates and 25 years of jail time for individuals, reflecting manslaughter penalties in the Criminal Code. 

Key takeaways: 

  • Effective from 1 July 2024 

  • Applicable to PCBUs (Persons conducting a business or undertaking) and Officers that fall under the Commonwealth Work Health and Safety Act 2011 

  • Maximum penalties: Up to $18 million in fines for corporates and up to 25 years of jail time for individuals 

  • Must establish that actions of the prosecuted party have played a role in the death of a worker due to either their negligence or recklessness and their conduct was intentional  

  • No limitation period for bringing proceedings 

Source: Comcare, Department of Employment and Workplace Relations - Australia 

Victoria 

From 1 January 2020, industrial manslaughter became a criminal offence in Victoria under its occupational health and safety laws. If found guilty, corporates could face a maximum penalty of up to $16.5 million in fines, while individuals could face up to 25 years of jail time. 

Key takeaways: 

  • Effective from 1 January 2020 

  • Applicable to organisations and self-employed individuals who hold specified duties under the Occupational Health and Safety (OHS) Act 

  • Applicable to officers who are not employees or volunteers 

  • Maximum penalties: Could be up to $16.5 million in fines for corporates and up to 25 years of jail time for individuals 

  • Person/ Corporate charged must have owed the victim a specified duty under the OHS Act  

  • Must establish that the prosecuted party had breached their WHS obligations by negligent conduct, which has played a role in the death of a worker 

  • No statutory time limit for bringing a workplace manslaughter charge 

Source: WorkSafe Victoria, Victorian Government Solicitor’s Office 

New South Wales 

Under The Work Health and Safety Amendment (Industrial Manslaughter) Act 2024, which passed the NSW parliament on 20 June 2024, industrial manslaughter became an offence in NSW under its Work, Health, and Safety regulations. The law came into effect on 16 September 2024, and it carries a maximum penalty of up to $20 million in fines for corporates and up to 25 years of jail time for individuals. 

Key takeaways: 

  • Effective from 16 September 2024 

  • Applicable to PCBUs and Officers of PCBUs 

  • Maximum penalties: Up to $20 million in fines for corporates and up to 25 years of jail time for individuals 

  • Must establish that grossly negligent conduct by the prosecuted party that breached their work, health, and safety duties caused the death of a worker  

  • No limitation period for proceedings against offences 

  • Volunteers are exempted 

Source: SafeWork NSW, Legislation NSW 

Western Australia 

Industrial manslaughter became an offence in Western Australia from 31st March 2022 as part of its Work, Health and Safety Act 2020. Under this, if found guilty, corporates could face a maximum penalty of up to $10 million in fines, while individuals could face up to 20 years of jail time and fines up to $5 million. 

Key takeaways: 

  • Effective from 31 March 2022 

  • Applicable to Work, Health, and Safety duty holders and Officers of PCBUs 

  • Maximum penalties: Up to $10 million in fines for corporates and up to 20 years of jail time and fines up to $5 million for individuals 

  • Must establish that the prosecuted party knew their failure to comply with their WHS duties might cause death or serious harm to a worker and they acted in disregard of that likelihood. 

Source: WorkSafe Western Australia, Legislation Western Australia 

South Australia 

From 1 July 2024, industrial manslaughter became a criminal offence in South Australia. Under this new law, if found guilty, corporates could face a maximum penalty of up to $18 million in fines, and individuals could face up to 20 years in prison. 

Key takeaways: 

  • Effective from 1 July 2024 

  • Applicable for PCBUs and Officers of the PCBU who hold a duty under the WHS Act 

  • Maximum penalties: Up to $18 million in fines for corporates and up to 20 years of jail time for individuals 

  • Must establish that the prosecuted party acted in gross negligence and recklessness to the risks when conducting their WHS duties, which caused the death of a worker 

  • No limitation period for proceedings against offences 

Source: SafeWork South Australia 

Queensland  

Industrial manslaughter became an offence in Queensland on 23rd October 2017 under its Work Health and Safety Act 2011 (WHS Act), Electrical Safety Act 2002 (ES Act), and Safety in Recreational Water Activities Act 2011. Under this, if found guilty, corporates could face a maximum penalty of up to $10 million in fines, while individuals could face up to 20 years of jail time. 

Key takeaways: 

  • Effective from 23 October 2017 

  • Applicable for PCBUs and Senior officers  

  • Maximum penalties: Up to $10 million in fines for corporates and up to 20 years of jail time for individuals 

  • Must establish that the prosecuted party acted in criminal negligence, where their conduct failed to provide the standard of care expected in complying with their WHS duties and substantially contributed to the death of a worker 

  • Volunteers are exempted  

Source: WorkSafe QLD 

ACT 

From March 2004, industrial manslaughter was categorised as a criminal offence in ACT, making it the first state in the country to do so. (Parliament of Australia) Originally falling under the Crimes Act 1900, it was later legislated under the Work Health and Safety Act on 5th August 2021. Under this, if found guilty, corporates could face a maximum penalty of up to $16.5 million in fines, while individuals could face up to 20 years of jail time. 

Key takeaways: 

  • Effective from March 2004 

  • Applicable for PCBUs and their officers  

  • Maximum penalties: Up to $16.5 million in fines for corporates and up to 20 years of jail time for individuals 

  • Must establish that the prosecuted party was negligent and non-compliant when conducting their WHS duties, causing the death of a worker 

Source: WorkSafe ACT 

Northern Territory 

Industrial manslaughter became an offence in the Northern Territory from 1st February 2020 as part of its Work Health and Safety (National Uniform Legislation) Act 2011. Originally, workers who breached their WHS duties, causing the death of another individual, were prosecuted under the Criminal Code.  

Under the industrial manslaughter offence, if found guilty, corporates could face a maximum penalty of up to 65,000 penalty units, while individuals could face up to life in prison. 

Key takeaways: 

  • Effective from 1 February 2020 

  • Applicable for PCBUs and their officers  

  • Maximum penalties: Up to 65,000 penalty units for corporates and up to life imprisonment for individuals 

  • Must establish that the prosecuted party intentionally engaged in negligent and reckless conduct when conducting their WHS duties, causing the death of a worker 

Source: NTWorkSafe, Northern Territory Legislation 

Tasmania 

Industrial manslaughter became an offence in Tasmania on 2nd October 2024, making it the last state in the country to do so. Under this, if found guilty, corporates could face a maximum penalty of up to $18 million in fines, while individuals could face up to 21 years of jail time. 

Key takeaways: 

  • Effective from 2 October 2024 

  • Applicable for PCBUs and Officers of PCBUs 

  • Maximum penalties: Up to $18 million in fines for corporates and up to 21 years of jail time for individuals 

  • Must establish that the prosecuted party acted in gross negligence and recklessness to the risks when conducting their WHS duties, which caused the death of a worker 

  • Workers who are not Officers are exempted 

  • No limitation period for proceedings against offences 

Source: WorkSafe Tasmania 

Stay compliant with iSafe 

 
 

Worried about navigating these laws? 

Don't worry, Certex’s iSafe program can help you stay compliant. Our independent assessors can perform workplace assessments and help assess and identify gaps in your WHS obligations to ensure you are compliant with your legal obligations. 

Feel free to contact us for more information. 

Alicja Gibert