The NSW Government will introduce a bill in this sitting of Parliament to create the offence of industrial manslaughter which allows for a maximum penalty of 25 years jail for an individual or $20 million in fines for a body corporate.
The Government is delivering on its promise to introduce these tough new measures in the first half of this year.
NSW is the last mainland state without an industrial manslaughter offence.
The Government has consulted widely across the community including work health and safety experts, business groups, unions, legal stakeholders, and families of people who have been killed at work and has incorporated that feedback into the creation of the new offence and penalties.
Industrial manslaughter laws will allow for a business or individual to be held responsible for the death of a person due to gross negligence in the workplace.
The current maximum penalty for the highest form of offence under the WHS Act – Category 1 – is 5 years imprisonment for an individual or a $3.8m fine for a body corporate.
A unit will be established in the NSW Office of the Director of Public Prosecutions that will be responsible for the prosecution of industrial manslaughter offences against individuals and, where appropriate, related bodies corporate.
Worker safety is a priority for the NSW Government and this bill underscores the importance of its continuing WHS reforms.
Quotes to be attributed to Minister for Work Health and Safety Sophie Cotsis:
“Every worker deserves to go home to their loved ones at the end of the day”.
“No government should ever want to have to use these laws.”
“Any workplace death is a tragedy and in cases where a person with a work health and safety duty has been careless or irresponsible, they must be held accountable.
“The offence of industrial manslaughter will apply to the worst of the worst cases where gross negligence has caused the death of a person in a workplace.”
Quotes to be attributed to Attorney General Michael Daley:
“We plan to strengthen existing laws with a new industrial manslaughter offence, to act as a further deterrent to unsafe work practices and to send a clear message that people who place workers’ lives at risk will be held to account.
“The maximum penalties under the legislation will be 25 years jail for an individual and $20 million for a body corporate.
“The significant maximum penalties that will apply for this offence make it clear how important it is to take a proactive approach to meeting work health and safety obligations to provide a safe workplace.”
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