Who must comply with 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.

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.

Applies to every PCBU and its officers — a death caused by reckless or negligent breach of a WHS duty is a crime.

How the regulator frames it: 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.

Jurisdiction: Australian Capital Territory law only. A business with no operations in ACT is outside it, whatever the rest of the test says.

Outcome across the 35 industries Rules Mate maps (35 of 35: yes).

The answer is the same in every industry: yes. Industry does not change who must comply.

Structure does not change the answer across all industries: for every structure the answer is "yes".

Size does not change the answer across all industries: at every size band the answer is "yes".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: applies. Applies to every PCBU and its officers — a death caused by reckless or negligent breach of a WHS duty is a crime.

When due

Continuous — the offence attaches to how duties are discharged every day, not to a filing.

Frequency

Ongoing

Evidence to keep

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.

Status

Current

Priority

Critical

Maximum 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).

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so do these 3: the engine uses the same rule for each.

• Industrial manslaughter offence (SA WHS Act s 30A)
• Industrial manslaughter offence (TAS WHS Act s 29C)
• Industrial manslaughter offence (NT WHS Act s 34B)

• PCBU 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.

Rules Mate tracks 28 published obligations tagged "whs", 23 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 16 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is an ongoing duty.

Regulated by WorkSafe ACT.

WorkSafe ACT: ACT WHS regulator. Also administers portable long service leave schemes including the 2026 expansion to hospitality and beauty.

• WorkSafe ACT

Free tools that help with this obligation:

• Payday Super readiness
• Right to Disconnect policy
• WGEA readiness