Industrial Manslaughter Laws passed by NSW Parliament

On Thursday, June 20, the NSW Parliament passed the Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 into law. The new legislation provides for an industrial manslaughter offence punishable by gaol terms of up to 25 years for individuals and fines for companies of up to $20 million.

The legislation allows for a business or individual responsible for the death of an employee due to gross negligence in the workplace to be prosecuted, fined and/or gaoled.

The maximum penalty will be 25 years gaol for an individual, which is consistent with the existing maximum for criminal manslaughter, and it will be supported by a new unit established in the NSW Office of the Director of Public Prosecutions.

The legislation does not create new work health and safety obligations or duties for employers but provides a tough new offence designed specifically to discourage unsafe work practices and ensure accountability.

The penalties are the highest in Australia. Tasmania is considering industrial manslaughter laws which could give the southern state the highest maximum penalty of $21 million.