On October 2 2024, changes to the Work Health and Safety Act 2012 came into effect that make industrial manslaughter a criminal offence in Tasmania.
Under the amendments, industrial manslaughter occurs when negligent conduct by a person conducting a business or undertaking (PCBU) or by an officer of a PCBU causes the death of a worker.
Both PCBUs and their officers have specific duties under the Act, but the new laws do not impose any new duties on PCBUs or officers.
A PCBU/officer commits the offence of industrial manslaughter if:
- they have a health and safety duty under the Act
- they engage in conduct that breaches that duty
- the conduct causes the death of an individual to whom that duty is owed (that is, it substantially contributes to their death)
- the PCBU/officer engages in the conduct with gross negligence or is reckless as to the risk to an individual of death or serious injury or illness.
Now, if a PCBU or officer is found to have committed industrial manslaughter, they will face up to 21 years in prison and their corporation will be charged a maximum penalty of $18 million.
There will be no time limit for bringing charges related to industrial manslaughter, a key point of difference compared to other proceedings under the Act, which generally have a two-year limit.
“This is to allow sufficient time for complex and time-consuming investigations to be undertaken,” WorkSafe Tasmania said.
“If the criteria for industrial manslaughter have not been met, the Court may decide that the PCBU/officer is guilty of a Category 1, Category 2 or Category 3 offence instead.”
More information about the Category 1, 2 and 3 offences and their penalties can be found on the Safe Work Australia website.
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