It happened: Industrial Manslaughter laws introduced in the NSW Parliament
05 June 2024
05 June 2024
Introduction of this Bill fulfils a key Minns Government election commitment and brings NSW into line with the other mainland jurisdictions which have all made industrial manslaughter a crime.
The industrial manslaughter offence is proposed to be introduced in Part 2A of the WHS Act. In terms of section 34C of that Part, either a person conducting a business (PCBU) or Officer (but not a volunteer) will commit industrial manslaughter if the elements of the offence are made out.
The elements are:
The penalties for committing an industrial manslaughter offence are significant. In the case of an individual, 25 years’ imprisonment; and in the case of a body corporate, $20 million.
There is no limitation period for proceedings for industrial manslaughter offences to be brought unlike other offences under the WHS Act.
- Remain vigilant in identifying hazards and assessing and controlling risks in your workplace.
- Encourage a proactive safety culture with your organisation.
Authors: Scarlet Reid, Partner and Jacqui Brinckmann, Senior Associate.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
Readers should take legal advice before applying it to specific issues or transactions.