Each year, hundreds of employees across Australia are killed in workplace accidents. New South Wales was the last mainland state to pass legislation which criminalised industrial manslaughter (known as workplace manslaughter in some jurisdictions). The new laws commenced in New South Wales on 20 June 2024.
What is industrial manslaughter?
Industrial manslaughter laws hold businesses accountable for employee deaths in the workplace. Industrial manslaughter is the offence where a PCBU recklessly or negligently fails to ensure the safety of workers or other persons affected by their business undertaking, and that reckless or negligent conduct results in the death of the worker or other person.
The offence of industrial manslaughter will be committed where the PCBU has a duty of care under the applicable work health and safety laws and the PCBU engages in conduct which breaches that duty and knowing that it is likely to cause death or serious harm to a person or in disregard of that likelihood.
Work health and safety is an area of law which is within the control of the states and territories, not the federal government. As such, it has been up to each state and territory to introduce their own industrial manslaughter laws.
Do you know why it is that the state and territory governments make some laws, and the federal government makes others? Learn more about the foundations of the Australian legal system and how it works with our free short course.
Are the laws the same throughout Australia?
Work health and safety (WHS) laws are regulated by state and territory governments, not the Commonwealth government. This means that each state and territory has its own set of laws and its own regulator to enforce them. In 2011, a set of model laws were introduced to implement a nationally consistent framework for WHS. All states with the exception of Victoria, the territories have implemented the model WHS laws. In Victoria, the Occupational Health & Safety Act 2004 (Vic) and correspondending regulations apply, which largely align with the objectives of the model WHS laws.
Here’s a summary of the industrial manslaughter laws in effect throughout Australia. The laws are broadly consistent in their substance, with the penalties varying in each jurisdiction.
| Jurisdiction | Effective date | Legislative provision | Penalty |
| Commowealth | 1 July 2024 | Section 30A of the Work Health and Safety Act 2011 (Cth) | 25 years imprisonment for individuals, $18 million fine for body corporates |
| Australian Capital Territory | 5 November 2021 | Section 34A of the Work Health and Safety Act 2011 (ACT) | 20 years imprisonment for individuals, $16.5 million fine for body corporates |
| New South Wales | 20 June 2024 | Section 34D Work Health and Safety Act 2011 (NSW) | 25 years imprisonment for individuals, $20 million fine for body corporates |
| Northern Territory | 1 February 2020 | Section 34B of the Work Health and Safety (National Uniform Legislation) Act 2011 (NT) | Life imprisonment for individuals, $11.44 million fine for body corporates |
| Queensland | 2017 | Section 34C of the Work Health and Safety Act 2011 (Qld) | 20 years imprisonment for individuals, $15.48 million fine for body corporates |
| South Australia | 2024 | Section 30A of the Work Health and Safety Act 2012 (SA) | 20 years imprisonment for individuals, $18 million fine for body corporates |
| Victoria | 1 July 2020 | Section 39G Occupational Health and Safety Act 2004 (Vic) | 25 years imprisonment for individuals, $19.231 million fine for body corporates |
| Western Australia | 31 March 2022 | Section 30A of the Work Health and Safety Act 2020 (WA) | 20 years imprisonment for individuals, $10 million fine for body corporates |
Tasmania is the last state yet to enact an offence for industrial manslaughter.
Why did it take so long to criminalise industrial manslaughter?
You might wonder why it took until 2017 for industrial manslaughter to become an offence in Australia. It’s not that industrial manslaughter only became an issue for businesses in the 21st century, but that there was a tricky legal question of how to attribute criminal responsibility to a corporation. This is a very complex issue that we won’t go into here, suffice to say that in modern society, businesses (individuals operating their own businesses and corporations alike) can be held accountable for industrial manslaughter.
There have been convictions for industrial manslaughter in Australia. Whilst the laws are relatively new, they were not introduced to pay lip service to the families who have been affected by deaths in the workplace.
As it is a criminal offence, it is the role of the office of public prosecutions in the relevant state or territory to instigate proceedings against a PCBU for industrial manslaughter. That is, it is not for the next of kin or the family of a person who has been killed at work to commence an action against the PCBU for industrial manslaughter.
Has anyone been convicted for industrial manslaughter and sent to jail?
The first conviction of an individual for industrial manslaughter occurred in Queensland in 2022. A Gympie small business owner, Jeffrey Owen, was sentenced to five years in jail for the industrial manslaughter of his friend. This case highlighted the broad definition of “worker” under state and territory work health and safety laws, which in this case extended to Owen’s friend who was classified as a volunteer.
Owen, who was operating a forklift without a license and without documented health and safety procedures, overloaded the machine with a heavy generator, which tipped and fatally crushed his friend.
Despite alternative safe methods being available, Owen’s actions led to the death of his friend. A jury in the Queensland District Court jury found Owen guilty of negligence. The court emphasised that Owen’s responsibility to his friend, considered a volunteer, remained intact.
This conviction marked the first instance of an individual being jailed for industrial manslaughter in Queensland since the offence was introduced in that state in 2017.
Holding businesses accountable for workers deaths
The commencement of these new laws in New South Wales marks a historic milestone in enhancing worker safety and holding businesses accountable for employee deaths. The laws, which took effect on 20 June 2024, aligns New South with other Australian states that have already criminalised industrial manslaughter, highlighting a nationwide commitment to protecting workers. The new laws emphasize the importance of safety in the workplace and impose severe penalties on those who fail to ensure it, with up to 25 years imprisonment for individuals and $20 million fines for corporations.
The implementation of these laws follows significant campaigning by families, unions, and safety advocates. They aim to act as a strong deterrent against unsafe practices and reinforce the principle that every worker has the right to return home safely. The conviction of Jeffrey Owen in Queensland underscores the serious nature of industrial manslaughter and serves as a precedent for future prosecutions, demonstrating that negligence resulting in workplace deaths will not be tolerated.
As New South joins the other states in criminalising industrial manslaughter, it sends a clear message that worker safety is paramount and that those responsible for ensuring it must take their duties seriously. The ongoing review and enforcement of these laws will be crucial in maintaining a culture of safety and accountability across all workplaces in Australia.
Disclaimer: The information provided by the Legal Literacy Foundation, in all formats, is for educational and information purposes only. It is not intended to be a substitute for professional legal advice, and is solely an educational tool for your own use.
