Work Health and Safety Amendment (Industrial Manslaughter) Act 2024

The Work Health and Safety Amendment (Industrial Manslaughter) Act 2024 (Amendment Act) passed the NSW Parliament on 20 June 2024 and was assented to on 24 June 2024.

The Amendment Act creates an offence of industrial manslaughter and provides for matters relating to gross negligence. It also makes consequential amendments to the Industrial Relations Amendment Act 2023.

The Amendment Act introduces an industrial manslaughter offence in NSW, with the maximum penalties of $20 million for a body corporate and 25 years imprisonment for an individual.
Persons conducting a business or undertaking (PCBUs) and officers of PCBUs will commit industrial manslaughter when they engage in grossly negligent conduct that breaches their work health and safety duties that they owe an individual and cause the death of that individual. These new laws do not impose additional work health and safety duties.

The introduction of this offence represents not just a significant deterrent in unsafe workplace behaviour but also holds those liable who are guilty of the most serious of WHS breaches.

The new offence of industrial manslaughter commenced on 16 September 2024.

The legislation was developed following extensive consultation. An 18-month review period has been scheduled following the law's commencement.

The provisions which relate to NSW implementing further model WHS Act provisions regarding gross negligence; and consequential amendments to the Industrial Relations Amendment Act 2023, in Schedule 1[5] – [8] and 2 of the Amendment Act, commenced on 24 June 2024.