By Paul Moorhouse -
Snapshot
- A new offence of industrial manslaughter has been passed and, once commenced, will apply to workplace deaths resulting from gross negligence.
- The new offence carries maximum penalties that are much higher than the existing penalties in the Work Health and Safety Act 2011 (NSW).
- It is hoped the new offence will make it easier to prosecute corporations in the event of a workplace death and may assist in reducing workplace fatalities.
On 20 June 2024, the New South Wales Parliament passed legislation that will introduce the offence of industrial manslaughter into the Work Health and Safety Act 2011 (NSW) (‘WHS Act’).
The new offence will carry a maximum penalty of 25 years imprisonment for individuals, and a maximum penalty of $20 million for corporations, which is significantly higher than the current maximum penalties for the most serious WHS Act breaches. For comparison, the most serious category 1 offence under the WHS Act currently carries a maximum penalty of 10 years imprisonment or a fine of $2 million for individuals, and a fine of $10.4 million for corporations – penalties that were increased as of 1 July 2024.
The amending legislation has also introduced an extended meaning of ‘gross negligence’ into the WHS Act which will facilitate the prosecution of corporations for the purposes of both the new industrial manslaughter offence and the existing category 1 offence.
The new offence will commence on a day to be proclaimed. In her second reading speech, the Minister referred to having the necessary procedures in place before the new offence commences operation, and stated that a special unit within the Office of the Director of Pubic Prosecutions will be established to conduct industrial manslaughter prosecutions.
With industrial manslaughter offences commencing operation from 1 July 2024 in South Australia and in respect of Commonwealth public servants under the Work Health and Safety Act 2011 (Cth), once the NSW law commences Tasmania will be the only state without an industrial manslaughter offence.
