Industrial manslaughter
Industrial manslaughter is a state-level criminal offence covering workplace deaths caused by negligent or reckless conduct of a PCBU or senior officer. It now exists in Vic (2020), Qld (2017), ACT (2003), NT (2019), SA (2024), WA (2022) — with NSW the only mainland holdout as of mid-2026.
Legal context
Industrial manslaughter sits above the model WHS Act's Category 1 offences and carries significantly higher penalties — typically 20 years' imprisonment for an individual and tens of millions of dollars for a body corporate. The conduct element varies by state but generally requires negligence (Qld, Vic, WA, SA) or reckless indifference (ACT) causing the death of a worker. Officers and PCBU senior officers can be charged personally. Industrial manslaughter is a parallel charge to a Category 1 WHS Act offence; prosecutors typically run both. The first successful Australian industrial manslaughter conviction was the 2020 Brisbane Auto Recycling case in Qld.
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Related terms
Due diligence (officer)
Officer due diligence is the personal duty owed by officers (directors, CEOs, executives) under s27 of the model WHS Act. It is six steps: acquire knowledge, understand operations, ensure resources, ensure incident response, ensure compliance with duties, and verify all the above.
PCBU
PCBU stands for Person Conducting a Business or Undertaking — the primary duty-holder under model WHS legislation in Australia. It is broader than “employer”: a PCBU can be a company, a sole trader, a partnership or an unincorporated association, and the duty applies whether or not workers are paid.
Officer
An officer for WHS purposes is a director, secretary, or person who participates in decisions that affect a substantial part of the business — adopted from the Corporations Act 2001 definition. Officers carry the personal due-diligence duty under s27 of the model WHS Act.
Notifiable incident
A notifiable incident is a death, serious injury or illness, or dangerous incident that a PCBU must report to the WHS regulator immediately (and in writing within 48 hours). The list is defined in ss35–37 of the model WHS Act and the site must be preserved until an inspector arrives or directs otherwise.
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47 WHS and HSWA terms with legal context, FAQs and regulator references.