Tasmania joins the rest of the Nation by introducing Industrial Manslaughter Laws

With industrial manslaughter laws now in effect across all Australian states, PCBUs (Persons Conducting a Business or Undertaking) must take immediate action to ensure compliance and protect their workers. Failing to address safety risks can lead to severe legal and financial consequences. 

Key Points to Consider: 

  • New Legislation: Industrial manslaughter laws hold PCBUs accountable for workplace deaths caused by negligence or failure to act on known risks. 

  • Consequences for Non-Compliance:  

  • Substantial fines for both individuals and businesses up to $20 Million 

  • Criminal charges, with imprisonment of up to 25 years 

  • Irreversible repetitional damage to your business 

  • Your Responsibility: PCBUs must ensure:  

  • All workplace hazards are identified and managed 

  • Regular safety training and risk assessments are conducted 

  • Corrective actions are implemented swiftly to prevent harm 

 

What We Have to Do to Ensure Compliance: 

  • Review safety practices and ensure they meet WHS standards 

  • Update risk assessments and address any identified hazards 

  • Engage workers in safety training to promote a culture of safety 

 

What are the Rules in your State or Territory?   

  • Australian Capital Territory: The Work Health and Safety Act 2011 carries up to 20 years' imprisonment or fines up to $16.5 million. 

  • Commonwealth: From 2024, similar laws apply to public sector employers, aiming to bring federal agencies in line with state laws. 

  • Northern Territory: Penalties include life imprisonment or fines up to $11.44 million. 

  • Queensland: The Work Health and Safety Act has introduced penalties of up to 25 years in prison or corporate fines up to $19.2 million for industrial manslaughter offences. 

  • Victoria: Victoria's laws are among the strictest, with potential sentences of up to 25 years for individuals, and corporate fines exceeding $19 million for negligence leading to workplace fatalities. 

  • Western Australia: Since 2022, companies face fines of up to $10 million, with individuals risking 20 years in prison. 

  • New South Wales: Under the Work Health and Safety Amendment (Industrial Manslaughter) Act 2024, penalties include up to 25 years’ imprisonment and corporate fines up to $20 million for breaches leading to workplace deaths. These laws focus on holding businesses accountable for gross negligence without introducing new safety duties. 

  • Tasmania: In 2024, Tasmania passed similar laws with penalties of up to 21 years' imprisonment and fines up to $18 million for corporations. The laws target negligent conduct but exclude volunteers. 

These laws reflect a growing commitment across Australia to enhance workplace safety and impose tougher consequences on negligent practices. 

Daniel Bowcock