In light of a concerning rise in workplace fatalities, it’s imperative for employers to stay abreast of developments surrounding the enactment of industrial manslaughter laws throughout various Australian jurisdictions. Notably, both the Commonwealth and South Australia have recently implemented industrial manslaughter offences in late 2023, while New South Wales is poised to introduce a bill addressing this matter in the near future. It’s worth noting that Tasmania remains the sole jurisdiction yet to propose such legislation.
Industrial manslaughter, fundamentally, denotes the act of recklessly or negligently failing to uphold the safety of workers or individuals affected by a business or undertaking, resulting in fatalities.
Let’s delve into the status of industrial manslaughter offences across the nation:
Australian Capital Territory (ACT)
Industrial manslaughter has been codified as an offence in the ACT since 2004, initially under the Crimes Act 1900 (ACT), later transferred to section 34A of the Work Health and Safety Act 2011 (ACT) in 2021. The maximum penalties for both individual and corporate offenders are severe, with potential imprisonment of up to 20 years and fines amounting to $16.5 million.
Commonwealth
The introduction of the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Cth) in September 2023 ushered in significant changes, including the criminalization of industrial manslaughter at the federal level. Effective from July 1, 2024, this provision applies primarily to the Commonwealth public sector, carrying hefty penalties of up to 25 years’ imprisonment and $18 million in fines.
New South Wales
While industrial manslaughter currently isn’t recognized as an offence in New South Wales, there are plans to rectify this. The state government has expressed its commitment to enacting legislation addressing industrial manslaughter, with a bill anticipated for introduction in the first half of this year.
Northern Territory (NT)
The NT implemented industrial manslaughter legislation on February 1, 2020, under section 34B of the Work Health and Safety (National Uniform Legislation) Act 2011 (NT). Penalties for breaching these laws are stringent, with potential life imprisonment for individuals and fines of up to $11.44 million for corporate entities. Notably, NT WorkSafe has already pursued charges against PCBUs, underscoring the seriousness with which such offences are treated.
Queensland
Leading the charge, Queensland introduced industrial manslaughter laws in 2017 under section 34C of the Work Health and Safety Act 2011 (Qld). Notably, the state has secured convictions in this regard, including both corporate and individual offenders, demonstrating the stringent enforcement of these provisions.
South Australia
In a move mirroring other jurisdictions, South Australia enacted the Work Health and Safety (Industrial Manslaughter) Amendment Bill 2023 (SA) in late December 2023. While the offence is slated to come into effect later this year, the penalties for contravention are severe, with potential imprisonment of up to 20 years and fines reaching $18 million.
Tasmania
Unlike its counterparts, Tasmania has yet to introduce industrial manslaughter legislation, despite mounting pressure to do so. The government’s stance on this matter remains uncertain, leaving a gap in uniformity across the nation.
Victoria
Victoria addresses workplace fatalities through legislation pertaining to workplace manslaughter under section 39G of the Occupational Health and Safety Act 2004 (Vic). With penalties of up to 25 years’ imprisonment for individuals and fines exceeding $19 million for corporations, the state takes a robust stance on ensuring workplace safety.
Western Australia
Industrial manslaughter became a criminal offence in Western Australia in March 2022, pursuant to section 30A of the Work Health and Safety Act 2020 (WA). Despite no reported charges or prosecutions thus far, the penalties for non-compliance are substantial, including imprisonment and hefty fines.
In conclusion, the implementation of industrial manslaughter laws underscores a collective commitment to prioritizing workplace safety across Australia. As legislative landscapes continue to evolve, it’s incumbent upon employers to remain vigilant and ensure compliance with these stringent regulations, thereby safeguarding the well-being of workers and minimizing the incidence of preventable tragedies.
