Industrial and Workplace Manslaughter Across Australian Jurisdictions

What it is

Every Australian jurisdiction now operates an industrial or workplace manslaughter offence. Queensland was the first (23 October 2017), followed by Victoria (1 July 2020), NT (2020), WA (31 March 2022), SA (1 July 2024), TAS (2 October 2024), and NSW (2024 amendments). The ACT operates dual pathways under the WHS Act and Crimes Act.

Penalties vary significantly across jurisdictions. Elements and prosecution approaches also differ.

The offence by jurisdiction

Jurisdiction	Offence	Commencement	Individual max	Body corporate max
NSW	s 34C WHS Act 2011	2024 amendments	25 years and $2m	$20m
VIC	s 39G OHS Act 2004	1 July 2020	25 years	~$19.8m (penalty units)
QLD	s 34C WHS Act 2011	23 October 2017	20 years	$20m (post-2024)
WA	s 30A WHS Act 2020	31 March 2022	20 years and $5m	$10m
SA	s 30A WHS Act 2012	1 July 2024	20 years	$18m
TAS	s 34C WHS Act 2012	2 October 2024	21 years	$18m
ACT	s 34C WHS Act 2011 + s 15 Crimes Act 1900	Dual pathway	20 years	$16.5m (s 34C only)
NT	s 34B WHS Act 2011	2020 amendments	LIFE imprisonment	$15.5m

Element variations

The offence elements vary across jurisdictions:

• QLD, SA, TAS, ACT: negligence causing death
• NSW: negligence or recklessness causing death
• VIC: negligence and breach of duty causing death
• WA: knowledge that conduct is likely to cause death or serious harm (highest threshold)
• NT: reckless or negligent causing death (broadest coverage)

The NSW recklessness or negligence framework and the NT reckless or negligent framework are broadest. WA's knowledge element is the highest evidentiary threshold and has resulted in no prosecutions to date.

Officer accountability

All jurisdictions extend liability to senior officers (directors, secretaries, executives with senior control). Corporate liability and officer liability run in parallel; both can be prosecuted for the same incident.

Distinctive features

Each jurisdiction has distinctive features:

• NSW: highest penalties, no early-plea discount (2024 amendments)
• VIC: workplace manslaughter (not industrial), first non-QLD state to legislate
• QLD: first Australian jurisdiction, most developed case law
• WA: knowledge element threshold (no prosecutions to date), lowest penalties
• SA and TAS: aligned $18m penalties, 2024 commencements
• ACT: dual WHS Act and Crimes Act pathways (unique in Australia)
• NT: life imprisonment individual maximum (unique in Australia)

Prosecution rates

Queensland has the most prosecutions due to its 2017 head start. Victoria has several prosecutions since 2020. Other jurisdictions with more recent commencements have had few or no prosecutions.

Interaction with builder licensing

All jurisdictions treat industrial manslaughter convictions as automatic grounds for licence disqualification for the imprisonment period. Directors of construction companies face concurrent WHS liability and licensing consequences.

Practical compliance approach

A residential builder operating across multiple jurisdictions cannot rely on compliance in one state as satisfying obligations elsewhere. Each jurisdiction has its own offence, elements, penalties and enforcement approach.

TradeForm templates coordinate WHS compliance across all 8 Australian jurisdictions with jurisdiction-specific references to industrial manslaughter obligations and licensing consequences.

National harmonisation not yet achieved

Despite the model WHS Act framework's aim to harmonise workplace safety across Australia, industrial manslaughter penalties, elements and terminology remain significantly divergent. Complete harmonisation would require national coordination that has not yet occurred.