Serious penalties for industrial manslaughter conviction

Content warning: this article may cause distress to readers.

In a bill passed on 5 August 2021, Industrial Manslaughter is now an offence under the Work Health and Safety Act.

This change is in response to recommendations made in the 2018 Boland Review into Work Health and Safety laws, along with the Federal Senate Inquiry on Industrial Deaths.

In 2020, 182 Australians were killed at work. Two of these workplace deaths occurred in the ACT. To date in 2021, there have been 60 workplace deaths in Australia.

Work Health and Safety Commissioner, Jacqueline Agius, is pleased to see the ACT take this important step in making industrial manslaughter an offence.

“Every worker has the right to a safe workplace, and the right to return home safely at the end of the day. Poor safety practices and culture in any workplace that put human life at risk will not be tolerated.”

WorkSafe ACT has recruited a dedicated Family Liaison Officer to assist and support the family of a deceased worker in keeping them informed about investigation and prosecution processes. They will also assist families by connecting them to local and national support services to help them through this difficult time.

Commissioner Agius said that to navigate these tragedies, legal and organisational support is essential.

“Each workplace fatality is a heart-breaking and preventable loss of life that sends shockwaves through our community. It is utterly devastating for the friends and family of that person. WorkSafe ACT’s Family Liaison Officer will ensure these families have access to important procedural information.”

The amendment of the bill outlines that where there is gross deviation from the reasonable standard of care from a PCBU that endangers the lives of their workers, there will be severe penalties.

An industrial manslaughter conviction in the ACT carries the penalty of possible imprisonment of up to 20 years for individuals and a $16,500,000 penalty for corporations.

These penalties reflect the serious nature of the offence and aim to prevent future workplace fatalities by motivating PCBUs and their Officers to ensure they are meeting their work health and safety obligations.

Media contact

WorkSafe ACT Media and Communications Team
worksafe@act.gov.au
(02) 6207 1505