New laws in South Australia make industrial manslaughter a crime

South Australia has joined other states and territories in making industrial manslaughter a criminal offence, following amendments to its Work Health and Safety Act 2012. The new laws aim to hold individuals and companies accountable for reckless or grossly negligent conduct that leads to the death of a worker.

Penalties for industrial manslaughter

The penalties for industrial manslaughter are severe, reflecting the seriousness of the crime and the loss suffered by the families of the victims. Individuals who are found guilty of industrial manslaughter face up to 20 years in prison, while companies can be fined up to $18 million.

No new duties, but stronger enforcement

The legislation does not introduce any new duties that are not already owed under existing workplace laws. However, it ensures that when those duties are breached, resulting in the death of a person, the penalty matches the gravity of the offence.

The passage of this bill fulfils a key Government election commitment and brings South Australia into line with other jurisdictions which have made industrial manslaughter a crime, including the ACT, NT, Queensland, Victoria and Western Australia.

A message to employers and workers

Minister for Industrial Relations and Public Sector Kyam Maher said the new laws send a clear message that people who place workers’ lives at risk will be treated like criminals. He said that every South Australian deserves to be safe in their workplace and to come home to their loved ones at the end of each day.

"While tragic workplace incidents do occur from time to time, our industrial manslaughter laws recognise it is not an accident when people deliberately cut corners and place worker’s lives at risk."

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Sources

Industrial manslaughter to be criminalised in SA by SafeWork South Australia, 29th November, 2023.

South Australia criminalises industrial manslaughter by NSCA Foundation, 1st December, 2023.