Zara McMahon
| July 01 2019
Industrial Manslaughter Laws - Update
The recent review of Australia’s Model Work Health and Safety (WHS) laws, included the recommendation to introduce industrial manslaughter legislation.
The offence has already been introduced in Queensland and the ACT. Currently, other states have plans to introduce a similar offence. The table below updates you on the current status.
|
State |
Law |
Penalty |
Status |
|
Qld |
Industrial Manslaughter offence - Work Health and Safety Act 2011 (33A) - Electrical Safety Act 2002 (Part 2B) - Safety in Recreational Water Activities Act 2011 (Part 2A) |
Maximum penalty Individual: 20 years imprisonment Corporation: Approx. $13 million |
In force |
|
ACT |
Industrial Manslaughter offence - ACT Crimes Act Part 2A - Criminal Code Act Part 2.5 - Crimes (Industrial Manslaughter) Amendment Act 2002 (ACT) |
Maximum penalty Employer Senior officer : 20 years or $300,000 or both
Corporation: $1.5m
|
In force |
|
VIC |
Occupational Health and Safety Act 2004 (Amdt) proposed to include Workplace Manslaughter |
Individual: 20 years imprisonment Corporation: Approx. $16 million |
Proposed draft to Parliament expected in October 2019. |
|
NSW, NT, SA, Tasmania, WA |
Category 1 offence: reckless conduct |
Individual: 5 years jail Corporation: Approx. $3 million |
Government reviews being undertaken in NSW, SA & WA. No formal proposed legislation to date. |
The current wording of the existing industrial manslaughter offence in Queensland is defined as:
An offence for a person conducting a business or undertaking (PCBU), or a senior officer, to negligently cause the death of a worker. In particular, the offence applies if:
- a worker dies, or is injured and later dies, in the course of work (including during a work break); and
- the PCBU’s, or senior officer’s, conduct causes the death of the worker (i.e. the action or inaction of the PCBU, or senior officer, substantially contributes to the death); and
- the PCBU, or senior officer, is negligent, causing the death of the worker.