Industrial manslaughter offence (ACT WHS Act s 34A)
In the ACT, a PCBU or officer whose reckless or negligent breach of a WHS duty causes a death commits industrial manslaughter.
Who must comply
PCBUs and officers of PCBUs in the ACT.
What triggers it
Conducting a business or undertaking in the jurisdiction; the offence is engaged if a death results from a reckless or negligent breach of a WHS duty.
When due
Continuous — the offence attaches to how duties are discharged every day, not to a filing.
Evidence required
Board and officer WHS due-diligence records (s 27(5)): hazard and risk register with critical-risk controls, verification that controls are in place, incident investigations and corrective actions, resourcing decisions, and WHS reporting to the governing body.
Max penalty
Body corporate: up to $18,000,000 (the indexed industrial manslaughter monetary penalty per Safe Work Australia's comparison table, 1 August 2026; WorkSafe ACT's own page still shows the earlier, pre-indexation figure). Individuals: up to 20 years' imprisonment (WorkSafe ACT).
Summary
s 34A of the Work Health and Safety Act 2011 (ACT) makes it a crime for a PCBU or an officer of a PCBU to breach a health and safety duty with recklessness or negligence where the conduct causes the death of a worker or another person. The offence sits alongside, not instead of, the Category 1–3 offences, and it is prosecuted against the business and against individual officers. The practical defence is the same as for the primary duty: documented risk management, officer due diligence (WHS Act s 27) and evidence that controls were implemented and checked.
Enforced by
Source legislation
Topics
Related
- ACTPCBU primary duty of care (ACT WHS Act s 19)the ACT PCBUs must, so far as is reasonably practicable, ensure the health and safety of workers and others affected by the work.
- NTIndustrial manslaughter offence (NT WHS Act s 34B)In the Northern Territory, a PCBU or officer whose reckless or negligent breach of a WHS duty causes a death commits industrial manslaughter.
- TASIndustrial manslaughter offence (TAS WHS Act s 29C)In Tasmania, a PCBU or officer whose reckless or negligent breach of a WHS duty causes a death commits industrial manslaughter.
- SAIndustrial manslaughter offence (SA WHS Act s 30A)In South Australia, a PCBU or officer whose reckless or negligent breach of a WHS duty causes a death commits industrial manslaughter.
- CWLTHIndustrial manslaughter offence — Comcare scheme (WHS Act 2011 (Cth) s 30A)Since 1 July 2024, a Comcare-scheme PCBU or officer whose reckless or negligent breach causes a death commits industrial manslaughter.
- QLDPCBU primary duty of care (QLD WHS Act s 19)QLD PCBUs must ensure health and safety so far as reasonably practicable; industrial manslaughter live since 2017.
Frequently asked questions
- Who must comply with Industrial manslaughter offence (ACT WHS Act s 34A)?
- PCBUs and officers of PCBUs in the ACT.
- What triggers Industrial manslaughter offence (ACT WHS Act s 34A)?
- Conducting a business or undertaking in the jurisdiction; the offence is engaged if a death results from a reckless or negligent breach of a WHS duty.
- When is Industrial manslaughter offence (ACT WHS Act s 34A) due?
- Continuous — the offence attaches to how duties are discharged every day, not to a filing.
- What is the maximum penalty for Industrial manslaughter offence (ACT WHS Act s 34A)?
- Body corporate: up to $18,000,000 (the indexed industrial manslaughter monetary penalty per Safe Work Australia's comparison table, 1 August 2026; WorkSafe ACT's own page still shows the earlier, pre-indexation figure). Individuals: up to 20 years' imprisonment (WorkSafe ACT).
- What evidence is required for Industrial manslaughter offence (ACT WHS Act s 34A)?
- Board and officer WHS due-diligence records (s 27(5)): hazard and risk register with critical-risk controls, verification that controls are in place, incident investigations and corrective actions, resourcing decisions, and WHS reporting to the governing body.
Source: https://www.worksafe.act.gov.au/laws-and-compliance/industrial-manslaughter. Rules Mate is not a law firm. Always verify against the live regulator source before acting.