On 11 September 2024, the Tasmanian Parliament enacted the Work Health and Safety (Safer Workplaces) Bill 2024, making Tasmania the final Australian jurisdiction to introduce an industrial manslaughter offence. The Work Health and Safety Amendment (Safer Workplaces) Act 2024 (WHS Amendment Act) took effect on 2 October 2024.
Under the WHS Amendment Act, individuals or companies will be held liable for industrial manslaughter if they owe a health and safety duty under the Work Health and Safety Act 2012 (Tas) (WHS Act), and their negligent or reckless conduct leads to an individual’s death, or serious injury or illness that results in an individual’s death. The maximum penalty for an industrial manslaughter offence is 21 years imprisonment for an individual and $18,000,000 for body corporates.
Importantly, the WHS Amendment Act removes the 2-year limitation period for industrial manslaughter offences.
Whilst the introduction of the industrial manslaughter offence does not change the approach to existing health and safety duties under the WHS Act, it nonetheless elevates the criminal liability concerning workplace deaths. It also sends a strong message that serious negligent or reckless conduct leading to a death at work can incur substantial penalties for companies and individuals.
