NSW government to introduce industrial manslaughter laws

The following article is a news item provided for the benefit of the Workplace Health and Safety profession. Its content does not necessarily reflect the views of the Australian Institute of Health & Safety.

The NSW Government recently announced that it will introduce industrial manslaughter laws across the state – making it the last mainland jurisdiction to bring an industrial manslaughter offence or legislation to parliament.

In February 2023, the former government, with other states and territories, agreed to amend model work health and safety laws to allow for jurisdictions to introduce industrial manslaughter.

Industrial manslaughter allows a corporation to be held liable for the death of a person caused by that corporation’s employees within the scope of their work. Manslaughter is the unlawful killing of a human being.

SafeWork NSW will begin an extensive consultation process which will include work health and safety experts, business groups, unions, legal stakeholders and families of people who have been killed at work.

“I hope these laws act as such a strong deterrent that no one ever needs to be prosecuted. We must prevent fatal injuries in the workplace,” said NSW Minister for Work Health and Safety, Sophie Cotsis.

“These penalties acknowledge the significant pain and suffering of families and loved ones of workers who have died in preventable workplace incidents.”

The NSW Government will formally begin the consultation process in coming weeks and intends to introduce a bill to parliament in the first half of next year.

Originally published by Australian Institute of Health & Safety (AIHS) 10.2023