A state-by-state look at when each jurisdiction introduced the offence, the penalties, and who can be charged
Industrial manslaughter — where a business or its officers cause a worker's death through gross negligence or recklessness — is now a criminal offence in every Australian jurisdiction. Penalties are severe: up to 25 years' imprisonment for individuals (life in the Northern Territory) and multi-million-dollar fines for companies. The details — fault tests, penalties and who can prosecute — vary by jurisdiction, which matters for any business operating across state lines.
It is a criminal offence where a PCBU or its officer, owing a work health and safety duty, causes a worker's death through grossly negligent or reckless conduct.
Also called workplace or corporate manslaughter, it sits above the ordinary WHS offences. Ordinary breaches are about failing to manage risk; industrial manslaughter is reserved for the most serious cases, where conduct falls so far short of the required standard that it amounts to gross negligence or recklessness and a worker dies as a result. It targets both the organisation (PCBU) and senior officers personally.
Each jurisdiction now has the offence, with its own start date and maximum penalties.
| Jurisdiction | In force since | Max imprisonment (individual) | Max fine (body corporate)* |
|---|---|---|---|
| Queensland | 2017 | Up to 20 years | ~$15.5m |
| Victoria (workplace manslaughter) | 1 July 2020 | Up to 25 years | ~$19.2m |
| Northern Territory | 2020 | Up to life | Substantial |
| Western Australia | 31 March 2022 | Up to 20 years | Substantial (tiered offence) |
| Commonwealth | 1 July 2024 | Up to 25 years | ~$18m |
| South Australia | 1 July 2024 | Up to 20 years | ~$18m |
| New South Wales | 16 September 2024 | Up to 25 years | ~$20m |
| Australian Capital Territory | 2004 (WHS Act from 2021) | Up to 20 years | ~$16.5m |
| Tasmania | 2 October 2024 | Up to 21 years | ~$18m |
*Corporate fines are indicative only and are indexed to inflation each year, so the current figure may differ. Imprisonment terms and fines, fault tests and who may prosecute all vary by jurisdiction — always confirm the current position with the relevant WHS regulator. Sources: state and Commonwealth legislation and WHS regulators.
PCBUs and their officers — the senior people who influence the business — can both be charged. Volunteers are generally excluded.
An “officer” is someone who makes, or takes part in making, decisions affecting the whole or a substantial part of the business — typically directors and senior executives. Because the offence reaches individuals, it is a direct reason for officers to take their due-diligence duties seriously. In several jurisdictions, businesses and individuals are also prohibited from insuring against WHS penalties, so a fine cannot simply be passed to an insurer.
Broadly: a duty was owed, conduct breached it, that conduct was grossly negligent or reckless, and it caused the death.
The exact fault test differs by jurisdiction — some frame it around gross negligence, others around recklessness, and some combine the two — but the common thread is that an ordinary WHS breach is not enough. The conduct has to be seriously culpable, and it must be causally linked to the worker's death. Some jurisdictions also set no limitation period, meaning a prosecution can be brought years after the event.
New Zealand does not have a standalone industrial manslaughter offence — it relies on the most serious tier of the HSWA instead.
Under New Zealand's Health and Safety at Work Act 2015, the gravest offence is reckless conduct that exposes a person to a risk of death or serious injury, which carries imprisonment and substantial fines. Proposals for a distinct industrial manslaughter offence have been discussed but, unlike Australia, New Zealand has not enacted one. For the exact New Zealand penalty tiers, see our NZ health and safety compliance guide, and for a broader trans-Tasman comparison see NZ HSWA vs Australia WHS Act.
General information, not legal advice. Industrial manslaughter law is complex and varies by jurisdiction. If a serious incident occurs, get advice from a qualified lawyer, and confirm current requirements with the relevant WHS regulator.
The practical defence is genuine, evidenced due diligence — before anything goes wrong.
Because the offence reaches senior people personally, officers should be able to show they actively understood the operation's risks, ensured resources and processes were in place to manage them, and verified those controls were working. That is exactly what a live, well-evidenced health and safety system demonstrates.
Get a system that produces the evidence senior people need to demonstrate they managed risk. Book a demo and we'll show you how it works — free 30-day trial included.
All of them. Industrial (or workplace) manslaughter is now an offence in every Australian state and territory and at the Commonwealth level. Queensland (2017), Victoria (2020), the Northern Territory (2020), Western Australia (2022), and then the Commonwealth, South Australia, New South Wales and Tasmania during 2024, with the ACT having had the offence since 2004.
They are severe and vary by jurisdiction: generally up to 20 to 25 years' imprisonment for an individual (up to life in the Northern Territory) and corporate fines commonly in the range of about $15 million to over $20 million. Fines are indexed annually, so confirm the current figure with the relevant regulator.
PCBUs (the business) and their officers — the senior decision-makers such as directors and executives — can be charged. Volunteers are generally excluded. The offence is one of the main reasons officers must take their due-diligence duties seriously.
No. New Zealand does not have a standalone industrial manslaughter offence. The most serious offence under the Health and Safety at Work Act 2015 is reckless conduct exposing a person to a risk of death or serious injury, which carries imprisonment and heavy fines.
In several jurisdictions, no. Some have specifically prohibited insuring against, or being indemnified for, WHS penalties, so a fine cannot simply be passed to an insurer. Check the position in the jurisdiction where you operate.
