New industrial manslaughter laws now in effect

South Australian Business News  •  Work health and safety  •  HR and workplace relations
Anthony Caldwell
Tuesday, July 2nd 2024
Shutterstock 1878018103

Starting 1 July 2024, industrial manslaughter is a criminal offence in South Australia. Individuals found guilty of reckless or grossly negligent conduct breaching work health and safety duties, resulting in death.

These laws underscore the serious consequences of compromising worker safety, and aim to ensure that severe breaches leading to death are met with appropriate penalties.

The Industrial Manslaughter provision, added to the Work Health and Safety Act 2012, applies when all of the following are proven:

  • the person has a health and safety duty; and
  • the person engages in conduct that breaches that duty; and
  • the conduct causes the death of an individual to whom that duty is owed; and
  • the person engages in the conduct with gross negligence or is reckless as to the risk to an individual of death or serious injury or illness.

Penalties include 20 years imprisonment for individuals and $18 million fines for companies. This law applies to persons conducting a business or undertaking (PCBU) and their officers, but not to ordinary workers.

Full details are available on the SafeWork SA website.

If you require assistance in implementing strategies to meet your Work Health and Safety obligations, our team of workplace consultants can help. Find out more here.

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