Industrial Manslaughter Under the WHS Act 2012 (Tas)

What it is

Section 34C of the Work Health and Safety Act 2012 (Tas) is the Tasmanian industrial manslaughter offence, commenced 2 October 2024. Tasmania was one of the last states to enact a specific industrial manslaughter offence, following a review process that began in the late 2010s.

WorkSafe Tasmania prosecutes section 34C matters. Tasmania's framework is closely modelled on the Queensland offence rather than the Victorian workplace manslaughter offence.

The elements

Section 34C applies where:

• the accused is a PCBU or a senior officer of a PCBU
• the accused engages in conduct that constitutes a failure to comply with a health and safety duty
• the conduct causes the death of a worker or another person
• the accused is negligent as to causing the death

The negligence standard aligns with QLD and SA. Tasmania did not adopt the WA knowledge element or the ACT dual pathway.

Penalties

• individual: up to 21 years imprisonment
• body corporate: up to $18,000,000 fine

The 21-year individual maximum is 1 year higher than most states (20 years) and reflects the Tasmanian sentencing framework's slightly different structure.

No prosecutions to date

As at July 2026, there have been no section 34C prosecutions in Tasmania. The recent October 2024 commencement and Tasmania's small construction market explain the current absence of prosecutions. First cases are expected 2027-2028.

Interaction with Building Practitioners Board

Section 34C convictions trigger Building Practitioners Board disciplinary action against Tasmanian building practitioner licences. Automatic disqualification applies for the imprisonment period.

The absence of home warranty insurance context

Tasmania's absence of compulsory home warranty insurance places extra weight on the section 34C prosecution framework as a consumer protection tool. Where a defective build causes a workplace death, prosecution can extend beyond WHS accountability to the licensing framework.

The 2024 reform package

The 2 October 2024 commencement of section 34C was part of a package that also increased category 1-3 offence penalties. TradeForm TAS templates were updated at 2 October 2024 to reflect the enhanced framework.

How Tasmania compares

Tasmania's $18 million body corporate maximum aligns with South Australia. The 21-year individual maximum is a Tasmania-specific detail. Otherwise the framework mirrors QLD.

Recent TAS industrial manslaughter framework:

• 2 October 2024: Section 34C commences with $18m body corporate maximum
• 2024: Category 1-3 penalties increased
• Ongoing: Case law developing from initial prosecutions expected 2027-2028