Industrial 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.
Who must comply
PCBUs and officers in the Comcare scheme (Commonwealth entities and self-insured licensees).
What triggers it
Being a Comcare-scheme PCBU or officer; 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
Officer due-diligence records (s 27(5)); critical-risk register with verified controls; incident investigations; board WHS reporting.
Max penalty
Up to $18,000,000 for a body corporate (including the Commonwealth) or 25 years' imprisonment for an individual (Comcare prosecutions regulatory guide).
Effective from
1 July 2024
Summary
From 1 July 2024, section 30A of the Work Health and Safety Act 2011 (Cth) makes it an offence for a PCBU or an officer of a PCBU who has a health and safety duty to engage in conduct, with negligence or recklessness as to the risk of death, that breaches the duty and causes the death of an individual. It is an indictable offence with no limitation period, and a court cannot substitute imprisonment for the monetary penalty (s 30A(3)). It covers Comcare-scheme workplaces only — the Commonwealth, its authorities and self-insured licensees — not the general private workforce, which is covered by state and territory law.
Enforced by
Source legislation
Topics
Related
- CWLTHPCBU primary duty of care — Comcare scheme (WHS Act 2011 (Cth) s 19)Commonwealth entities and Comcare self-insured licensees must, so far as is reasonably practicable, ensure the health and safety of workers and others.
- 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.
- ACTIndustrial 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.
- 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 — Comcare scheme (WHS Act 2011 (Cth) s 30A)?
- PCBUs and officers in the Comcare scheme (Commonwealth entities and self-insured licensees).
- What triggers Industrial manslaughter offence — Comcare scheme (WHS Act 2011 (Cth) s 30A)?
- Being a Comcare-scheme PCBU or officer; engaged if a death results from a reckless or negligent breach of a WHS duty.
- When is Industrial manslaughter offence — Comcare scheme (WHS Act 2011 (Cth) s 30A) 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 — Comcare scheme (WHS Act 2011 (Cth) s 30A)?
- Up to $18,000,000 for a body corporate (including the Commonwealth) or 25 years' imprisonment for an individual (Comcare prosecutions regulatory guide).
- What evidence is required for Industrial manslaughter offence — Comcare scheme (WHS Act 2011 (Cth) s 30A)?
- Officer due-diligence records (s 27(5)); critical-risk register with verified controls; incident investigations; board WHS reporting.
Source: https://www.comcare.gov.au/scheme-legislation/whs-act/regulatory-guides/prosecutions. Rules Mate is not a law firm. Always verify against the live regulator source before acting.