Workplace deaths are avoidable. Every worker should be able to go to work knowing that their workplace is safe and secure so that they can go home safely at the end of the day. The NSW Labor Government has announced that it intends to introduce an offence of industrial manslaughter under the Work Health and Safety Act 2011 in the first half of 2024. This will bring NSW in line with the majority of the other States and Territories where this offence has already been implemented.
The maximum penalty will be higher, probably more than double, that those for a category 1 offence (gross negligence or reckless conduct) which from 1 July 2024 is $2,168,029 fine and/or 10 years imprisonment for an individual and $10,424,983 for a body corporate.
The introduction of the offence of industrial manslaughter will send a clear message to employers that deaths at work are unacceptable.