Industrial Manslaughter
Industrial manslaughter is now an offence under the Work Health and Safety Act, following the passing of the WHS Amendment Bill 2021 by the ACT Government on 5 August 2021.
The Amendment 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.
What is the penalty?
An industrial manslaughter conviction in the ACT now carries a maximum penalty or possible imprisonment of up to 20 years for individuals and a $16,500,000 penalty for corporations.
What is WorkSafe ACT doing?
As the regulator for work health and safety in the ACT, WorkSafe ACT takes a strong enforcement approach to ensure compliance is met by PCBUs and Officers.
Workplace deaths are preventable tragedies and PCBUs and Officers who are found to be negligent and non-compliant, especially when workers’ lives are at risk, they will face serious regulatory action.
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.
Family Liaison Officer
The WorkSafe ACT Family Liaison Officer (FLO) provides support to families and seriously injured workers throughout an investigation and any legal proceedings.
After a workplace death or serious injury, families will need time to grieve and adapt, and each family will do so differently. Often the investigation and legal process may appear to be complex to those families and workers involved.
The FLO’s role is to ensure that families and workers are respected, supported and provided with clear and honest information during the investigation and prosecution process.
WorkSafe ACT have developed a FLO Service Charter which sets out the principles and protocols when establishing and maintaining contact with a nominated family member of the deceased or seriously injured workers. A key principle of the Charter is that information and interaction with families is courteous, respectful, culturally appropriate and dignified.
For more information, or to get in contact, please visit our Contact page.
Why did change in legislation occur?
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.
Industrial manslaughter in the ACT previously fell under the Crimes Act 1900. This legislative change transfers the offence of industrial manslaughter into the WHS Act.
Industrial manslaughter provisions in the WHS Act reflect the serious nature of this offence and aim to prevent future workplace fatalities.
WorkSafe ACT is supportive of the ACT government’s commitment to improving work health and safety practices and cultivating a strong safety culture in our community. The introduction of industrial manslaughter legislation into the Work Health and Safety Act is a positive step towards this.
Further information
On this page