book a meeting Search Search
brisbane

level 16, 324 queen st,
brisbane qld 4000
+61 7 3235 0400

dandenong

40-42 scott st,
dandenong vic 3175
+61 3 9794 2600

melbourne

level 7, 600 bourke st,
melbourne vic 3000
+61 3 8615 9900

sydney

level 21, 20 bond st,
sydney nsw 2000
+61 2 8298 9533

hello. we’re glad you’re
getting in touch.

Fill in form below, or simply call us on 1800 888 966

The Federal ALP has promised to negotiate with State Governments to introduce harmonised industrial manslaughter laws.

This announcement follows the introduction of the Work Health and Safety (Industrial Manslaughter) Amendment Bill 2019 (Bill) by the South Australian Greens Party.

The Bill proposes jail terms of up to 20 years for company officers or employers, who knew, or ought reasonably to have known, or were recklessly indifferent as to whether a breach of the primary duty of care would create a substantial risk of serious harm, if the breach causes a death.

The maximum fine for breaches of the proposed Bill is $1 million, falling short of the $10 million maximum fine in Queensland.

Summary of industrial manslaughter laws across Australia

Jurisdiction IM offence Status
New South Wales No No concrete plans
Victoria No Promised by State ALP Government
Queensland Yes Commenced 23 October 2017
South Australia No Bill introduced by Greens Party
Western Australia No Promised by the State ALP Government
Tasmania No No concrete plans
Australian Capital Territory Yes Commenced 1 March 2004
Northern Territory No No concrete plans

At present, only two of eight States and Territories have industrial manslaughter laws in place, but the announcement by the Federal ALP and the efforts made by State ALP Governments and the Greens have ensured that this topic remains firmly in the public consciousness.

A Federal ALP victory at the upcoming Federal could shift momentum, even in Liberal-led States.

This article was written by Cinzia Pietrolungo, Lawyer – Employment, Safety and Migration.

stay up to date with our news & insights

Federal Election 2019 Series – the Federal ALP promises to revitalise industrial manslaughter agenda

15 May 2019

The Federal ALP has promised to negotiate with State Governments to introduce harmonised industrial manslaughter laws.

This announcement follows the introduction of the Work Health and Safety (Industrial Manslaughter) Amendment Bill 2019 (Bill) by the South Australian Greens Party.

The Bill proposes jail terms of up to 20 years for company officers or employers, who knew, or ought reasonably to have known, or were recklessly indifferent as to whether a breach of the primary duty of care would create a substantial risk of serious harm, if the breach causes a death.

The maximum fine for breaches of the proposed Bill is $1 million, falling short of the $10 million maximum fine in Queensland.

Summary of industrial manslaughter laws across Australia

Jurisdiction IM offence Status
New South Wales No No concrete plans
Victoria No Promised by State ALP Government
Queensland Yes Commenced 23 October 2017
South Australia No Bill introduced by Greens Party
Western Australia No Promised by the State ALP Government
Tasmania No No concrete plans
Australian Capital Territory Yes Commenced 1 March 2004
Northern Territory No No concrete plans

At present, only two of eight States and Territories have industrial manslaughter laws in place, but the announcement by the Federal ALP and the efforts made by State ALP Governments and the Greens have ensured that this topic remains firmly in the public consciousness.

A Federal ALP victory at the upcoming Federal could shift momentum, even in Liberal-led States.

This article was written by Cinzia Pietrolungo, Lawyer – Employment, Safety and Migration.