Originally published by the Australian Institute of Health & Safety
The NSW Government recently announced that it will introduce a bill to create the offence of industrial manslaughter, which allows for a maximum penalty of 25 years jail for an individual or $20 million in fines for a body corporate.
NSW is the last state (barring Tasmania) without industrial manslaughter laws, which allow for a business or individual to be held responsible for the death of a person due to gross negligence in the workplace.
The current maximum penalty for the highest form of offence under the WHS Act - Category 1 is 5 years imprisonment for an individual or a $3.8 million fine for a body corporate.
A unit will be established in the NSW Office of the Director of Public Prosecutions that will be responsible for the prosecution of industrial manslaughter offences against individuals and, where appropriate, related bodies corporate.
“The offence of industrial manslaughter will apply to the worst of the worst cases where gross negligence has caused the death of a person in a workplace,” said NSW Minister for Work Health and Safety Sophie Cotsis.
NSW Attorney General Michael Daley said the government plans to strengthen existing laws with a new industrial manslaughter offence, to act as a further deterrent to unsafe work practices and to send a clear message that people who place workers’ lives at risk will be held to account.
“The significant maximum penalties that will apply for this offence make it clear how important it is to take a proactive approach to meeting work health and safety obligations to provide a safe workplace,” he said.
