NSW approves legislation on industrial manslaughter

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NSW Approves Legislation on Industrial Manslaughter

NSW now has among the strongest industrial manslaughter laws in the country, after the Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 passed NSW Parliament.

More than 300 NSW workers have lost their lives since 2019, according to data from the state Government, underscoring why this new industrial manslaughter offence carries such weight for workplace safety across the state.

What the New Industrial Manslaughter Laws Mean

The industrial manslaughter legislation empowers prosecutors to hold a business or person accountable for a death resulting from severe negligence at work. Individuals found guilty under these industrial manslaughter laws could face prison terms, marking a significant shift in how safety failures are prosecuted in NSW.

This aligns NSW with other states that have already introduced similar reforms. Tasmania's parliament recently approved comparable legislation addressing industrial manslaughter, while South Australia's strict legislation targeting industrial manslaughter has been in operation for some time now. NSW joins a growing list of jurisdictions taking a firmer stance on workplace fatalities.

Government Support Structure

The Government says a new department will be created within the NSW Office of the Director of Public Prosecutions to provide support for cases brought under these laws.

This move follows earlier announcements when the NSW Government introduced plans to implement industrial manslaughter reforms, signalling a consistent commitment to strengthening safety enforcement.

Minister's Statement on Worker Safety

Minister for Work Health and Safety, Sophie Cotsis described this as a significant milestone for worker safety in New South Wales.

"These are not laws we ever want to use. We want them to act as a deterrent and a reminder that this government takes worker safety seriously," she said.

Why This Matters for Construction, Manufacturing and Healthcare Sectors

Safety professionals across construction, manufacturing and healthcare should take note of these legislative changes. Businesses operating in high-risk industries need robust safety systems and documentation to demonstrate compliance and reduce exposure to liability.

Maintaining current legislation registers is critical for organisations navigating these changes. Our HSW Legislation Register helps businesses track relevant safety obligations as laws evolve.

Industrial and manufacturing operations, in particular, carry heightened risk profiles. Resources such as our Industrial & Manufacturing WHS Management System and Sewing Machine - Industrial Work Method Statement support businesses in demonstrating due diligence around safety practices.

For more information click here.

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