Which Australian states have an Industrial Manslaughter offence?
Short answer
As of May 2026, six Australian jurisdictions have an Industrial Manslaughter offence: Victoria, Queensland, ACT, South Australia, Western Australia and Northern Territory. NSW and Tasmania do not have a stand-alone Industrial Manslaughter offence (NSW relies on broader Crimes Act manslaughter provisions). Penalties for individuals can include life imprisonment.
Industrial Manslaughter is a stand-alone criminal offence — separate from manslaughter under the Crimes Act / Criminal Code — that targets workplace deaths caused by reckless or negligent conduct by a PCBU or an officer.
| Jurisdiction | Status | Maximum penalty (individual) | Maximum penalty (corporation) | ||
|---|---|---|---|---|---|
| Victoria | In force since July 2020 (Crimes Amendment (Workplace Manslaughter) Act 2019) | 25 years | A$19.8M (effectively higher post-indexation) | ||
| Queensland | In force since October 2017 (WHS Act 2011 (Qld) s.34C) | 20 years | A$15M+ | ||
| ACT | In force since November 2003 (Crimes Act 1900 (ACT) s.49C–D) | Life imprisonment | A$16.5M+ | ||
| South Australia | In force from October 2024 (WHS Act 2012 (SA) Pt 2 Div 2A) | 20 years | A$18M | ||
| Western Australia | In force since 31 March 2022 (WHS Act 2020 (WA) Div 6 Pt 2) | 20 years | A$10M (Tier 1) / A$5M (Tier 2) | ||
| Northern Territory | In force since February 2020 (WHS (NUL) Act 2011 (NT) s.34B) | Life imprisonment | A$10M | ||
| NSW | No stand-alone offence; relies on Crimes Act manslaughter provisions | Up to 25 years (Crimes Act) | — | ||
| Tasmania | No stand-alone offence; relies on Criminal Code manslaughter | Up to 21 years (Criminal Code) | — |
Industrial Manslaughter offences typically require:
- The PCBU or officer engaged in conduct (act or omission) that breached a WHS duty, and
- The conduct caused the death of a worker, and
- The conduct was either reckless or grossly negligent (the precise mental state varies by jurisdiction).
The exposure for officers is the most material change in modern WHS law. RAE IQ's Officer Due Diligence module is structured to produce contemporaneous evidence of due diligence — exactly the evidence an officer would want to point to if charged.
New Zealand does not have a separate Industrial Manslaughter offence; HSWA s.47 "reckless conduct in respect of duty" carries up to 5 years' imprisonment and NZ$600,000 (individual) or NZ$3M (corporation).