NSW Government to Introduce Industrial Manslaughter Laws

NSW is set to become the last mainland state to create the offence of industrial manslaughter, with a bill to be introduced in the current parliamentary sitting for a maximum penalty of 25 years jail for an individual or $20 million in fines for a body corporate an increase on the current penalties of five years imprisonment for an individual or a $3.8 million fine for a body corporate.

The Bill includes a very wide definition of gross negligence, which will also include “inadequate corporate management, control or supervision of the conduct of one or more authorised persons in the business” or conduct substantially attributable to “failure to provide adequate systems for conveying relevant information to relevant persons in body corporate.

Tasmania is the only state yet to introduce Industrial Manslaughter laws.

The new industrial manslaughter laws, the state government said in a statement, will allow for a business or individual to be held responsible for the death of a person due to gross negligence in the workplace.

A section of the NSW Office of the Director of Public Prosecutions will be responsible for the prosecution of industrial manslaughter offences against individuals and, where appropriate, related bodies corporate.

Industrial manslaughter laws will mean a business or individual may be held responsible for the death of a person due to gross negligence in the workplace.

Minister for Work Health and Safety Sophie Cotsis said:
“Every worker deserves to go home to their loved ones at the end of the day. No government should ever want to have to use these laws. Any workplace death is a tragedy and in cases where a person with a work health and safety duty has been careless or irresponsible, they must be held accountable. The offence of industrial manslaughter will apply to the worst of the worst cases where gross negligence has caused the death of a person in a workplace.”

ASIAL will provide more information to members as the Bill progresses through the NSW Parliament.