Industrial 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.
Who must comply
PCBUs and officers of PCBUs in Tasmania. The offence can only be committed by a PCBU or an officer of a PCBU who owes a health and safety duty to the person who died.
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 (a fine fixed in s 29C(1) of the Tasmanian Act, matching Safe Work Australia's comparison table, 1 August 2026). Individuals: a term of imprisonment not exceeding 21 years for a PCBU or officer convicted as an individual (s 29C(1)).
Summary
s 29C of the Work Health and Safety Act 2012 (Tas) 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. Tasmania's offence was inserted by Act No. 15 of 2024 and has applied since 2 October 2024. Division 4A states its objects as preventing workplace deaths, deterring duty holders from breaching their duties and reflecting the severity of conduct that places life at risk (s 29A). It covers a death of someone to whom the duty is owed, including a person who is injured and later dies; conduct causes a death if it substantially contributes to it (s 29C(2)). Either negligence in causing the death or recklessness as to the risk of death or serious injury or illness is enough. A person acquitted of industrial manslaughter may instead be convicted of a Category 1, 2 or 3 offence on the same evidence (s 29C(3)).
Enforced by
Source legislation
Topics
Related
- TASPCBU primary duty of care (TAS WHS Act s 19)Tasmania 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.
- 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.
- 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 (TAS WHS Act s 29C)?
- PCBUs and officers of PCBUs in Tasmania. The offence can only be committed by a PCBU or an officer of a PCBU who owes a health and safety duty to the person who died.
- What triggers Industrial manslaughter offence (TAS WHS Act s 29C)?
- 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 (TAS WHS Act s 29C) 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 (TAS WHS Act s 29C)?
- Body corporate: up to $18,000,000 (a fine fixed in s 29C(1) of the Tasmanian Act, matching Safe Work Australia's comparison table, 1 August 2026). Individuals: a term of imprisonment not exceeding 21 years for a PCBU or officer convicted as an individual (s 29C(1)).
- What evidence is required for Industrial manslaughter offence (TAS WHS Act s 29C)?
- 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.safeworkaustralia.gov.au/sites/default/files/2026-08/jurisdictional_comparison_table-maximum_monetary_penalties2026-27.pdf. Rules Mate is not a law firm. Always verify against the live regulator source before acting.