Key points:

• NSW government to introduce industrial manslaughter offence.
• Penalties include up to 25 years jail for individuals and $20 million fines for corporations.
• Opposition from stakeholders like MBA NSW, citing concerns about existing laws and effectiveness.
• Government aims to hold businesses and individuals accountable for workplace deaths.

The NSW Government plans to introduce a new industrial manslaughter offence, making it the last mainland Australian jurisdiction to do so. The proposed law would impose harsh penalties, including up to 25 years imprisonment for individuals and $20 million fines for corporations, if found guilty of gross negligence leading to workplace deaths.

This announcement follows a consultation period where stakeholders like MBA NSW expressed opposition, arguing that existing laws already address workplace deaths, and introducing a new offence could lead to unnecessary duplication and may not necessarily improve workplace safety. We believe the focus should remain on risk minimisation.

Despite these concerns, the government intends to proceed with the new offence, aiming to hold individuals and businesses accountable for workplace fatalities. A dedicated team within the NSW Office of the Director of Public Prosecutions will handle these cases.

Read our full eCircular here.