Industrial Manslaughter Under the WHS Act 2020 (WA)

What it is

Section 30A of the Work Health and Safety Act 2020 (WA) is the Western Australian industrial manslaughter offence. It commenced 31 March 2022 alongside the entire WHS Act 2020, replacing the earlier OSH Act 1984 framework which had no equivalent offence.

Building and Energy (within LGIRS from 1 July 2025) prosecutes section 30A matters through the Director of Public Prosecutions.

The elements

Section 30A applies where:

• the accused is a PCBU or a senior officer of a PCBU
• the PCBU or senior officer engages in conduct that constitutes a failure to comply with a health and safety duty
• the conduct causes the death of an individual
• the accused knows the conduct is likely to cause the death of, or serious harm to, an individual and disregards the likelihood

The knowledge element ("knows the conduct is likely to cause death") is distinctive to the WA framework. Other jurisdictions use recklessness or negligence tests without the same knowledge threshold.

Penalties (lowest in Australia)

• individual: up to 20 years imprisonment and $5,000,000 fine
• body corporate: up to $10,000,000 fine

Those penalties are the lowest for industrial manslaughter in Australia. Compare NSW and QLD at $20 million body corporate, SA and TAS at $18 million.

No prosecutions to date

As at July 2026 there have been no section 30A prosecutions in Western Australia. That reflects the recent (2022) commencement, the knowledge element threshold (higher than the negligence tests in other jurisdictions), and WA's smaller construction market compared with NSW and QLD.

Officer accountability

The senior officer definition captures directors, secretaries, and executive officers. WA has seen category 1 and 2 officer prosecutions since 2022 but no section 30A prosecutions yet.

Category offences framework

Section 30A is prosecuted in addition to or in lieu of category 1 (section 31) offences. Category 1 requires recklessness with high risk; section 30A requires the knowledge threshold plus causation. Prosecutors typically bring both charges and let the court determine which is made out.

The 2026 review context

The 2026 review of Western Australia's home building contract laws does not directly examine WHS Act offences but the interaction between builder registration and WHS compliance is on the review agenda. Any strengthening of the WHS Act framework would likely follow that review.

The Building Services (Financial Oversight) Bill 2026

The Building Services Legislation Amendment (Financial Oversight) Bill 2026, introduced May 2026, may enhance the financial oversight framework for registered builders. Section 30A conviction would flow into registration disciplinary action under enhanced financial oversight requirements.

How Western Australia compares

WA's section 30A framework has the highest evidentiary threshold (knowledge element) and the lowest penalties in Australia. That combination has resulted in no prosecutions to date. Whether the WA framework will be strengthened in future amendments is a live regulatory question.

Prospective builders operating in WA should not treat the current absence of prosecutions as an indication that section 30A does not apply. The offence exists and can be prosecuted where evidence supports the knowledge element.