Since 16 September 2024, a business or one of its officers in NSW can be charged with industrial manslaughter if grossly negligent conduct that breaches a WHS duty causes a person’s death. The maximum penalties are $20 million for a body corporate and 25 years’ imprisonment for an individual.
The offence doesn’t create any new WHS duties. What it changes is the consequence of failing to meet existing duties in the most serious way. This guide explains how the offence works and what businesses should be doing now.
Key takeaways
- The offence commenced in NSW on 16 September 2024.
- It applies to businesses (PCBUs) and their officers.
- It requires grossly negligent conduct that breaches a WHS duty and causes a death.
- Maximum penalties are $20 million for a body corporate and 25 years’ imprisonment for an individual.
- The best protection is controlling your critical risks and being able to show that you do.
What is the offence?
Under the NSW WHS Act, a PCBU or an officer of a PCBU commits industrial manslaughter where they engage in conduct that breaches a WHS duty owed to an individual, the conduct causes that individual’s death, and the conduct is grossly negligent. The amendments passed the NSW Parliament on 20 June 2024 and the offence commenced on 16 September 2024. A review is scheduled 18 months after commencement.
Who can be charged?
- Businesses (PCBUs), including companies, partnerships, sole traders and other entities that conduct a business or undertaking
- Officers of a PCBU, such as directors and senior executives who make or take part in significant decisions about the business
The offence applies where a WHS duty was owed to the person who died. WHS duties are owed to workers and, in many cases, to other people affected by the work, such as visitors and members of the public.
What does grossly negligent mean?
Gross negligence is a much higher threshold than ordinary negligence or a simple breach of a WHS duty. In general terms, it describes conduct that falls so far short of the standard of care a reasonable person would have exercised, in circumstances carrying such a high risk of death or serious harm, that it deserves criminal punishment. Cases tend to turn on what the business or officer knew about the risk, what they did about it, and how far their conduct fell below what was expected.
The penalties
- Body corporate: a maximum fine of $20 million
- Individual: a maximum of 25 years’ imprisonment
What should businesses do now?
- Know your critical risks. Identify the activities that could kill someone, such as work at height, mobile plant, electrical work, confined spaces and traffic.
- Verify critical controls. Check in the field that the controls for those risks are in place and working, not just written down.
- Act on warnings. Previous incidents, near misses, worker concerns, audit findings and regulator notices are exactly the information a prosecution will look at. Record what you did about each one.
- Strengthen officer due diligence. Make sure directors and senior managers get meaningful WHS information and can show how they acted on it.
- Manage contractors properly. Check competence, SWMS and supervision rather than assuming the contractor has it covered.
- Get an independent view. An external audit of your critical risks can find gaps before they turn into tragedies.
Does this affect small businesses?
Yes. The offence applies to all PCBUs, regardless of size, and to their officers. In a small business, the owner or director is often both the PCBU and an officer, and is also closest to the work. Clear, practical controls for high-risk activities matter just as much in a five-person business as in a large company.
Check your critical risks
We carry out independent critical risk audits and help officers put due diligence processes in place that stand up to scrutiny.
Frequently asked questions
Does the offence create new WHS duties?
No. It applies to the existing duties under the WHS Act. What it changes is the possible consequence of breaching them through grossly negligent conduct that causes a death.
Can a worker who isn’t an officer be charged with industrial manslaughter?
The NSW offence applies to PCBUs and their officers. Other workers have their own duties under the WHS Act and can face other offences.
Do other states have industrial manslaughter laws?
Most Australian jurisdictions now have an industrial manslaughter offence, but the tests, penalties and coverage differ between them.
Sources and further reading
- SafeWork NSW: Work Health and Safety Amendment (Industrial Manslaughter) Act 2024
- NSW Government: Industrial manslaughter offence media release
This article is general information only and is not legal advice. Last reviewed October 2026.