Industrial manslaughter in Australia: state-by-state comparison
Industrial manslaughter now operates in VIC, NSW, QLD, WA, ACT, NT and SA. Each with different penalties and elements.
State-by-state penalty matrix
- QLD ~$13.7M / 20 years (commenced 2017)
- ACT $16.5M / 20 years (2017)
- VIC $19.6M / 25 years (2020)
- WA $10M / 20 years (2022)
- NT $11.5M / 25 years (2020)
- SA $18M / 20 years (2024)
- NSW $20M / 25 years (2024)
- TAS — not yet in force
First convictions: Brisbane Auto Recycling (QLD, 2023) — $3M + suspended director sentence. LH Holding Management (VIC, 2023) — $1.3M after construction fatality.
What attracts prosecution
Prosecutors look at: foreseeability (prior near-misses), system maturity (was there an actual WHS system), officer engagement (s 27 due-diligence evidence), cooperation post-incident, and industry context.
Officer due diligence in practice
Section 27 model WHS Act sets six positive elements: acquire + keep current WHS knowledge, understand operations + hazards, ensure resources + processes, ensure information flow on incidents, ensure compliance processes, verify their use.
Evidence contemporaneously: board WHS reports, site walks, training records, incident-response engagement. Reconstructed evidence after an incident is much less persuasive.
Frequently asked
Can I be charged personally even if I'm not the PCBU?
Yes — officers are subject to a separate due-diligence duty. Insurance does not cover criminal penalties.
What if the deceased was a contractor not a worker?
Industrial manslaughter applies to anyone whose death is caused by the PCBU's conduct — workers, contractors, visitors, members of the public.
Are smaller employers exempt?
No. Industrial manslaughter applies to all PCBUs regardless of size.
Related
Obligations covered
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