Who must comply with Industrial 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.

s 34B of the Work Health and Safety (National Uniform Legislation) Act 2011 (NT) 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. The Northern Territory offence sits in Division 6 of Part 2 of the Work Health and Safety (National Uniform Legislation) Act 2011. It requires that the person intentionally engaged in conduct that breached the duty and caused the death, and was reckless or negligent about that breach causing the death; conduct causes death if it substantially contributes to it (s 34B(4)). Strict liability applies to the elements that the person had a duty and was a PCBU or officer (s 34B(2)). A volunteer is excluded unless the duty is under section 28 or 29 (s 34B(3)). The usual limitation periods do not apply (s 34E), and an alternative verdict for a lesser offence is available (s 34D).

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 Northern Territory. PCBUs and officers who owe a health and safety duty to the person who died; volunteers only for duties under ss 28-29.

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: Northern Territory law only. A business with no operations in NT 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 $12,610,000 (65,000 NT penalty units at $194 for 2026-27, per Safe Work Australia's comparison table, 1 August 2026; the 65,000-unit maximum is set by s 34B(1)). Individuals: imprisonment for life (s 34B(1)); the Act sets no monetary penalty for an individual.

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 (ACT WHS Act s 34A)

• PCBU primary duty of care (NT WHS Act s 19): the Northern Territory 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 NT WorkSafe.

NT WorkSafe: NT WHS regulator.

• NT WorkSafe

Free tools that help with this obligation:

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